United States v. Gainer

PER CURIAM: *

A jury convicted Rhonda Jean Gainer of possession with intent to distribute less than 50 kilograms of marijuana. The district court refused a downward departure and sentenced Gainer to 27 months of imprisonment. Gainer appeals.

Gainer contends for the first time on appeal that 21 U.S.C. § 841 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). She concedes that her argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000) (holding that Apprendi did not render § 841 unconstitutional).…