Filed: Nov. 02, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-4677 KEITH DARNELL BILLINGS, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, District Judge. (CR-99-249) Submitted: October 20, 2000 Decided: November 2, 2000 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-4677 KEITH DARNELL BILLINGS, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, District Judge. (CR-99-249) Submitted: October 20, 2000 Decided: November 2, 2000 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL L..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 99-4677
KEITH DARNELL BILLINGS,
Defendant-Appellant.
Appeal from the United States District Court
for the District of South Carolina, at Florence.
C. Weston Houck, District Judge.
(CR-99-249)
Submitted: October 20, 2000
Decided: November 2, 2000
Before WILKINS and KING, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
COUNSEL
Louis H. Lang, CALLISON, TIGHE & ROBINSON, L.L.P., Colum-
bia, South Carolina, for Appellant. J. Rene Josey, United States Attor-
ney, Alfred W. Bethea, Jr., Assistant United States Attorney,
Florence, South Carolina, for Appellee.
2 UNITED STATES v. BILLINGS
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Keith Darnell Billings appeals his conviction and sentence for con-
spiracy to possess with intent to distribute and distribution of cocaine
base and powder cocaine in violation of 21 U.S.C. § 846 (1994).
Finding no reversible error, we affirm.
On appeal, Billings contends that the Supreme Court’s recent deci-
sion in Apprendi v. New Jersey,
530 U.S. ___,
120 S. Ct. 2348 (2000),
requires that his conviction and sentence be vacated. Because Bil-
lings’ sentence of 210 months does not exceed the twenty-year statu-
tory maximum set out in 21 U.S.C.A. § 841(b)(1)(C) (West 1999) for
the core offense without enhancement for drug quantity, we find that
his sentence is permissible under Apprendi. See United States v.
Angle, Nos. 96-4662/4672, 99-4187,
2000 WL 1515159, *10 (4th Cir.
Oct. 12, 2000); United States v. Aguayo-Delgado,
220 F.3d 926, 933
(8th Cir. 2000).
Accordingly, we affirm Billings’ conviction and sentence. We dis-
pense with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED