USA v. Benjamin Whipple, Jr., No. 11-50782 (5th Cir. 2012)

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Case: 11-50782 Document: 00511891172 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50782 Conference Calendar June 19, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENJAMIN WHIPPLE, JR., also known as Benjamin Whipple, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CR-2396-1 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Benjamin Whipple, Jr., raises an argument that he concedes is foreclosed by United States v. Slaughter, 238 F.3d 580 (5th Cir. 2000), which rejected a challenge based on the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000), to the constitutionality of 21 U.S.C. § 841(b). The Government s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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