Testo completo
* 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that this opinion should not be published and is not precedent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. 99-41257
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEVIN WILLIAMS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-166-1
--------------------
December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Kevin Williams appeals the sentence imposed by the district
court after a jury found him guilty on two counts of possessing a
controlled substance with intent to distribute in violation of 21
U.S.C. § 841(a)(1). Citing Apprendi v. New Jersey, 120 S. Ct.
2348 (2000), he argues that the district court erred by holding
him responsible at sentencing for a drug quantity that was
neither charged in the indictment nor proved beyond a reasonable
doubt. Because Williams did not raise this type of objection in
the district court, we review for plain error. See United States
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No. 99-41257
-2-
v. Anderson, 174 F.3d 515, 525 (5th Cir. 1999). We perceive no
error, plain or otherwise. See United States v. Keith, 230 F.3d
784, 786-87 (5th Cir. 2000).
AFFIRMED.
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