United States v. Moreno ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20464
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAZARO MORENO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-95-CR-142-22
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Lazaro Moreno appeals from his sentence for conspiring to
possess with intent to distribute 1,000 kilograms or more of
marijuana. Moreno contends that his sentence violated Apprendi
v. New Jersey, 530 U.S. 466 (2000), because his indictment did
not allege a specific amount of marijuana or a range of amounts
of marijuana. The Government contends that Moreno waived his
Apprendi contention by waiving his right to appeal his sentence
and that Moreno’s Apprendi contention is unavailing on its
merits.
*
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that this opinion should not be published and is not precedent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.
No. 01-20464
-2-
Even without the waiver, Moreno’s appeal has no merit.
There was no Apprendi violation in the case. Moreno’s indictment
alleged that he had conspired to possess with intent to
distribute 1,000 or more kilograms of marijuana; Moreno’s offense
carried a statutory penalty range of ten years’ to life
imprisonment. 21 U.S.C. §§ 841(b)(1)(A), 846. Moreno’s sentence
of life imprisonment was within that statutory range. See United
States v. Keith, 230 F.3d 784, 787 (5th Cir. 2000), cert. denied,
531 U.S. 1182 (2001).
AFFIRMED.