U.S. v. SWATZIE

No. 00-10729.

228 F.3d 1278 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony SWATZIE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 27, 2000.


Attorney(s) appearing for the Case

Pamela A. Moine, Pensacola, FL, Gary Lee Printy (Court-Appointed), Tallahassee, FL, for Defendant-Appellant.

Michael T. Simpson, Tallahassee, FL, for Plaintiff-Appellee.

Before COX, WILSON and GIBSON, Circuit Judges.


COX, Circuit Judge:

Anthony Swatzie appeals his conviction and sentence for possession of cocaine base and cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a). His appeal presents the issue whether, in light of Apprendi v. New Jersey, ___ U.S. ___, 120 S.Ct. 2348, 2362-63, 147 L.Ed.2d 435 (2000), it was plain error for the district court to sentence Swatzie according to its finding, by a preponderance of the evidence, that Swatzie possessed...

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