No. 99-30285.

259 F.3d 1157 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin Wayne BUCKLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission vacated August 9, 2000.

Resubmitted December 4, 2000.

Filed August 9, 2001.

Attorney(s) appearing for the Case

Zenon Olbertz, Tacoma, Washington, for the defendant-appellant.

Arlen Storm, Assistant United States Attorney, Seattle, Washington, for the plaintiff-appellee.

Before: Betty B. Fletcher and A. Wallace Tashima, Circuit Judges, and Adrian G. Duplantier, District Judge.

TASHIMA, Circuit Judge:

Calvin Wayne Buckland appeals the sentence imposed by the district court following his conviction for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. After briefing was completed in this appeal, the Supreme Court held that any fact, other than a prior conviction, that increases the prescribed statutory maximum penalty to which a defendant...

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