United States v. Martin

* 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that this opinion should not be published and is not precedent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.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40515
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIAM RYANN MARTIN,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
(6:99-CR-65-2)
February 7, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
William Ryann Martin appeals his sentence based upon his
guilty plea conviction for possession of a controlled substance
with intent to distribute in violation of 21 U.S.C. § 841(a)(1).
Martin contends his sentence, which was enhanced within the
statutory range, but which did not exceed the statutory maximum,
was imposed in violation of Apprendi v. New Jersey, 120 S. Ct. 2348
(2000). This contention is raised for the first time on appeal.
In any event, the contention is without merit. See United States

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v. Meshack, 225 F.3d 556, 576 (5th Cir. 2000) (Apprendi applies
only to cases in which sentence exceeds statutory maximum), cert.
denied, S. Ct. (2001).
Martin also asserts that the district court erred in
determining drug quantity for the purpose of determining his
Guidelines’ base offense level. In sentencing Martin, the district
court relied on information contained in the presentence report
(PSR). A district court “may adopt facts contained in the PSR
without further inquiry if the facts have an adequate evidentiary
basis and the defendant does not present rebuttal evidence”.
United States v. Alford, 142 F.3d 825, 832 (5th Cir.), cert.
denied, 525 U.S. 1003 (1998) (emphasis added). Martin has not
presented rebuttal evidence establishing that the information
contained in the PSR was materially untrue. The district court’s
determination of the quantity of drugs attributable to Martin was
not clearly erroneous. Id.
AFFIRMED

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