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U.S. v. CANDELARIO

No. 99-11443 Non-Argument Calendar

240 F.3d 1300 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Manuel Candelario, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED February 5, 2001

Attorney(s) appearing for the Case

Daniel H. Wannamaker, Christopher Knight, Fed. Pub. Def., Fed. Defenders Organization, Inc., Mobile, AL, for Defendant-Appellant.

Charles A. Kandt, Mobile, AL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, TJOFLAT and DUBINA, Circuit Judges.

TJOFLAT, Circuit Judge:

The issue we must resolve on rehearing1 is whether Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), requires the vacation of appellant's sentences and a remand for re-sentencing. Applying the plain error standard of review, we affirm.

I.

From 1992 to mid-1993, defendant Jose Manuel Candelario was a partner in a conspiracy to sell...

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