Testo completo
1 The Honorable Richard G. Kopf, Chief Judge, United States District Court for
the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-2515
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Rodney C. Shurter, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: January 4, 2002
Filed: January 14, 2002
___________
Before HANSEN, FAGG, and BEAM, Circuit Judges.
___________
PER CURIAM.
Rodney Shurter was convicted of conspiring to distribute methamphetamine,
in violation of 21 U.S.C. §§ 841(a)(1) and 846, and the district court 1 sentenced him
to 188 months imprisonment and 5 years supervised release. On appeal, he argues
that the jury did not properly find the drug quantity attributable to him, in violation
of Apprendi v. New Jersey, 530 U.S. 466 (2000), because the district court’s jury
instructions improperly allowed the jury to attribute to him quantities outside his
-- 1 of 2 --
-2-
knowledge and not in furtherance of the specific agreement with his co-conspirators.
After careful review of the record, we affirm.
The district court’s instruction, read as a whole, fairly and adequately reflected
the applicable law and therefore was not erroneous. See United States v. Phelps, 168
F.3d 1048, 1057 (8th Cir. 1999). Accordingly, we affirm the judgment of the district
court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
-- 2 of 2 --
