`FOR THE FIFTH CIRCUIT
`
`No. 03-40835
`Conference Calendar
`
`UNITED STATES OF AMERICA,
`
`United States Court of Appeals
`Fifth Circuit
`F I L E D
`February 18, 2004
`
`Charles R. Fulbruge III
`Clerk
`
`Plaintiff-Appellee,
`
`versus
`FRANCISCO JOSE TORRES-VASQUEZ,
`
`Defendant-Appellant.
`--------------------
`Appeal from the United States District Court
`for the Southern District of Texas
`USDC No. B-03-CR-36-1
`--------------------
`Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
`PER CURIAM:*
`Francisco Jose Torres-Vasquez appeals his guilty-plea
`conviction for possession with intent to distribute more than 50
`kilograms of marijuana. He argues that 21 U.S.C. § 841 is
`unconstitutional in view of Apprendi v. New Jersey, 530 U.S. 466
`(2000). He acknowledges that this argument is foreclosed by
`United States v. Slaughter, 238 F.3d 580, 582 (5th Cir. 2000),
`but states that he is raising it to preserve it for possible
`Supreme Court review. The argument that Apprendi rendered 21
`
`* Pursuant to 5TH CIR. R. 47.5, the court has determined
`that this opinion should not be published and is not precedent
`except under the limited circumstances set forth in 5TH CIR.
`R. 47.5.4.
`
`
`
`No. 03-40835
`-2-
`U.S.C. § 841 facially unconstitutional was rejected in Slaughter.
`We are bound by this precedent absent an intervening Supreme
`Court decision or a subsequent en banc decision. See United
`States v. Short, 181 F.3d 620, 624 (5th Cir. 1999). Therefore,
`this issue is foreclosed.
`Torres-Vasquez argues that the supervised release condition
`which prohibits him from possessing dangerous weapons conflicts
`with the district court’s oral pronouncement of the sentence and
`must be deleted. The Sentencing Guidelines recommend that all
`defendants who have been convicted of a felony be prohibited from
`possessing any dangerous weapon during the term of supervised
`release. U.S.S.G. § 5D1.3(d)(1). “If the district court orally
`imposes a sentence without stating the conditions applicable to
`this period of supervision, the judgment’s inclusion of
`conditions that are mandatory, standard, or recommended by the
`Sentencing Guidelines does not create a conflict with the oral
`pronouncement.” United States v. Torres-Aguilar, 352 F.3d 934,
`938 (5th Cir. 2003).
`AFFIRMED.
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