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U.S. v. DOGGETT

No. 99-50380.

230 F.3d 160 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney Sloan DOGGETT; Dunois "Dee" T. Beman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 6, 2000.

Attorney(s) appearing for the Case

Mark Twain Roomberg (argued), Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

Robert Alan Leahey (argued), Leahey Law Offices, Odessa, TX, for Doggett.

Evers Jason Leach (argued), Odessa, TX, for Beman.

Before WIENER, BENAVIDES and PARKER, Circuit Judges.

BENAVIDES, Circuit Judge:

Defendants Rodney Sloan Doggett and Dunois "Dee" T. Beman challenge their convictions and sentences for possession of methamphetamine with intent to distribute and conspiracy, in particular the constitutionality of treating drug quantities as a sentencing factor rather than an element of the underlying crime. Their appeal requires us to apply the Supreme Court's recent decision in Apprendi v. New Jersey, 530 U.S. 466...

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