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U.S. v. JOHNSON

No. 01-3087.

331 F.3d 962 (2003)

UNITED STATES of America, Appellee, v. Spencer L. JOHNSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2003.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause and filed the briefs for appellant. A. J. Kramer, Federal Public Defender, entered an appearance.

Valinda Jones, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher, Roy W. McLeese III, and Thomas C. Black, Assistant U.S. Attorneys.

Before: TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In this appeal we consider Spencer Johnson's challenges to his conviction and sentence for possessing with intent to distribute 50 grams or more of cocaine base. Johnson levels one challenge premised on the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and three attacking the district...

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