United States v. Robinson

20 F. App'x 226

Opinion

PER CURIAM.

Kenyata Demoris Robinson appeals from his two convictions for possession with intent to distribute cocaine base “crack” and sentence of 211 months imprisonment. Robinson alleges that his jury instructions were erroneous in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). For the reasons that follow, we affirm.

We first note that because Robinson was sentenced within the statutory maximum, his convictions are unaffected by the Ap-prendi opinion. Apprendi, 530 U.S. at 490, 120 S.Ct. 2348; see United States v. Kinter, 235 F.3d 192, 199-200 (4th Cir. 2000) (Apprendi does not apply to a judge’s exercise of sentencing discretion within a statutory range so long as a defendant’s sentence is not set beyond the maximum term specified in the substantive statute), cert, denied, — U.S. -, 121 S.Ct. 1393, 149 L.Ed.2d 316 (2001). Second, we find that the jury was properly charged to find drug amounts, in any event. United States v. Richardson, 233 F.3d 223, 231 (4th Cir.2000), petition for cert, filed (Mar. 19, 2001) (No. 00-9234). Accordingly, we affirm Robinson’s convictions and sentence.

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.