United States v. Perez

26 F. App'x 324

Opinion

PER CURIAM.

Ruben Perez appeals his conviction pursuant to a guilty plea to possession with intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C.A. § 841 (West 1999 & Supp.2001). Because 21 U.S.C.A. § 841 is' not rendered unconstitutional by Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), which is the sole issue Perez asserts on appeal, we affirm Perez’s conviction and sentence. See United States v. McAllister, 272 F.3d 228, 232 (4th Cir.2001). We dispense 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.