United States of America v. New Jersey, 530 U.S. 466 2000 , which is the sole issue Miller asserts

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4393
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
OSCAR MILLER, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Wilmington. Malcolm J. Howard, District
Judge. (CR-97-67-H)
Submitted: November 30, 2001 Decided: December 18, 2001
Before WIDENER and KING, Circuit Judges, and HAMILTON, Senior Cir-
cuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. John Stuart Bruce, United States Attorney, Anne M.
Hayes, Assistant United States Attorney, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Oscar Miller appeals his sentence to 240 months’ incarceration
following his guilty plea and conviction of distribution of cocaine
base, in violation of 21 U.S.C.A. § 841(a)(1) (West 2000). Because
§§ 841 and 846 are not rendered unconstitutional by Apprendi v. New
Jersey, 530 U.S. 466 (2000), which is the sole issue Miller asserts
on appeal, we affirm Miller’s conviction and sentence. See United
States v. McAllister, F.3d , 2001 WL 1387341, at *3, (4th
Cir. Nov. 8, 2001) (No. 00-4423). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED

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