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U.S. v. WALKER

No. 01-30951.

302 F.3d 322 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Cortney WALKER, a/k/a Moon, a/k/a Courtney Walker, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2002.

Attorney(s) appearing for the Case

Gaynell L. Williams and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.

Robert Francis Fleming, Jr., Metairie, LA, for Defendant-Appellant.

Before DAVIS, JONES and SMITH, Circuit Judges.

PER CURIAM:

Cortney Walker appeals his revised sentence on the basis that the district court's imposition of a 10-year sentence on resentencing violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We disagree and affirm.

I.

Walker was convicted of conspiracy to distribute marijuana after a jury trial. No quantity of drugs was specified in the indictment and the jury was instructed...

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