United States Fifth Circuit

Defendant's conviction for possession with intent to distribute marijuana is affirmed over claims that: 1) insufficient evidence to supported his conviction; 2) the provisions of 21 U.S.C. sections 841(a) and (b) are facially unconstitutional under Apprendi; and 3) a special condition of supervised release in the written judgment impermissibly conflicted with the condition contained in the oral pronouncement of his sentence.

Appellate Information

• Decided 11/29/2006
• Published 12/01/2006

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tony Ray Roberts, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed, Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Mireles.