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U.S. v. WHEAT

No. 00-3457.

278 F.3d 722 (2001)

UNITED STATES of America, Appellee, v. Wade Allen WHEAT, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2001.

Attorney(s) appearing for the Case

Michael Mills Hobart, U.S. Attorney's Office, Sioux City, IA, for Plaintiff-Appellee.

Wade Allen Wheat, Federal Correctional Institution, Pekin, IL, Patrick Thomas Parry, Forker & Parry, Sioux City, IA, for Defendant-Appellant.

Before LOKEN, Circuit Judge, BOGUE, District Judge, and GOLDBERG, Judge.

GOLDBERG, Judge.

Wade Allen Wheat appeals from his conviction on one count of possession of cocaine base ("crack"). He argues, inter alia, that the district court4 erred in denying his motion to suppress, and that, even if his conviction were lawful, his sentence is unconstitutional in light of the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d...

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