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U.S. v. CARTER

No. 02-1014.

294 F.3d 978 (2002)

UNITED STATES of America, Appellee, v. Quentin M. CARTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2002.

Attorney(s) appearing for the Case

Bruce W. Simon, argued, Kansas City, MO, for appellant.

Lajuana M. Counts, argued, Asst. U.S. Atty., Kansas City, MO, for appellee.

BEFORE: RILEY, BEAM, and MELLOY, Circuit Judges.

PER CURIAM.

Quentin M. Carter appeals from the district court's1 denial of his motion to dismiss a two-count indictment charging him with possession with intent to distribute cocaine base in an amount of fifty grams or more, and possession with intent to distribute cocaine. Carter claims the statutory provisions under which he was indicted are unconstitutional as a result of the Supreme Court's decision in Apprendi v. New Jersey,

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