DocketNumber: 01-4662
Citation Numbers: 35 F. App'x 91
Judges: Luttig, Per Curiam, Traxler, Wilkins
Filed Date: 5/23/2002
Status: Non-Precedential
Modified Date: 8/6/2023
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 01-4662 DOTTIE NIXON, a/k/a Dorothy Nixon, Defendant-Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-99-70) Submitted: April 22, 2002 Decided: May 23, 2002 Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Randolph M. Lee, Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 UNITED STATES v. NIXON OPINION PER CURIAM: Dottie Nixon appeals her sentence, imposed pursuant to a guilty plea, for conspiracy to possess with intent to distribute and to distrib- ute cocaine base within 1000 feet of a school, in violation of21 U.S.C. §§ 841
(a)(1), 846, 860 (1994). Finding no error, we affirm Nixon’s sentence. Nixon contends her 360-month sentence is invalid under Apprendi v. New Jersey,530 U.S. 466
(2000). Because Nixon’s sentence is not above the forty year statutory maximum of § 860, we find Apprendi is not implicated. See United States v. Dinnall,269 F.3d 418
(4th Cir. 2001); United States v. Promise,255 F.3d 150
(4th Cir. 2001) (en banc), petition for cert. filed, (U.S. Sept. 20, 2001) (No. 01-6398). Nixon also contends the district court erred in calculating her sen- tencing guidelines range. We find no error in the district court’s deter- mination of Nixon’s sentencing guidelines range. We therefore affirm Nixon’s sentence. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED