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* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31081
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES RAY JOUBERT, also known as Pop,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 98-CR-60030-7
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April 10, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Charles Ray Joubert appeals his sentence following his
guilty plea conviction for distribution of cocaine and cocaine
base. Joubert contends that his sentence was imposed in
violation of Apprendi v. New Jersey, 530 U.S. 466 (2000).
Because Joubert was sentenced below the statutory maximum for the
offense charged in his indictment, there was no Apprendi
violation. See United States v. Keith, 230 F.3d 784, 787 (5th
Cir. 2000), cert. denied, 531 U.S. 1182 (2001).
AFFIRMED.
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