Linda Mays v. H.G. Rhodes

1The HONORABLE LAWRENCE L. PIERSOL, Chief Judge, United States
District Court for the District of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-3288
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of South Dakota.
*
Chim Lo Van, also known as Monkey, * [UNPUBLISHED]
*
Appellant. *
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Submitted: June 7, 2001
Filed: June 12, 2001
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Before BOWMAN, BEAM, and LOKEN, Circuit Judges.
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PER CURIAM.
Chim Lo Van appeals the 100-month sentence the district court1 imposed after
he pleaded guilty to possessing methamphetamine with intent to distribute, in violation
of 21 U.S.C. § 841(a)(1). Lo Van argues his sentence violates Apprendi v. New
Jersey, 530 U.S. 466 (2000).

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Having carefully reviewed the record, we conclude the district court did not err
in sentencing Lo Van, as his sentence did not exceed the statutory maximum prison
term for possessing with intent to distribute an unspecified amount of
methamphetamine. See 21 U.S.C. § 841(b)(1)(C); United States v. Aguayo-Delgado,
220 F.3d 926, 933 (8th Cir.), cert. denied, 121 S. Ct. 600 (2000).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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