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U.S. v. McALLISTER

No. 00-4423.

272 F.3d 228 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Keith Andre McALLISTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 2001.

Attorney(s) appearing for the Case

ARGUED: Melisa White Gay, Mt. Pleasant, SC, for Appellant. Alfred William Walker Bethea, Assistant United States Attorney, Florence, SC, for Appellee. ON BRIEF: Scott N. Schools, United States Attorney, Florence, SC, for Appellee.

Before WILKINS and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Senior Judge HAMILTON joined.

OPINION

WILKINS, Circuit Judge.

Keith Andre McAllister appeals his conviction and sentence for possession with the intent to distribute cocaine, see 21 U.S.C.A. § 841 (West 1999 & Supp.2001), arguing primarily that § 841 is facially unconstitutional in light of Apprendi...

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