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U.S. v. SIMMS

No. 01-2673.

285 F.3d 1098 (2002)

UNITED STATES of America, Appellee, v. Cordell Ray SIMMS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 15, 2002.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., argued, Lincoln, NE, for appellant.

Sara E. Fullerton, Asst. U.S. Atty., argued, for appellee.

Before: McMILLIAN and MURPHY, Circuit Judges, and BATTEY, District Judge.

McMILLIAN, Circuit Judge.

Cordell Ray Simms appeals from a judgment of the district court2 entered upon a jury verdict finding him guilty of conspiracy to distribute 50 grams or more of crack cocaine in violation of 21 U.S.C. §§ 841(a) and 846. On appeal, Simms challenges the imposition of a 262-month sentence. We affirm.

We first address Simms's argument that the sentence violated Apprendi v. New Jersey,

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