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U.S. v. UNDERWOOD

No. 04-15750.

446 F.3d 1340 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Darin UNDERWOOD, a.k.a. Buck, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 25, 2006.

Attorney(s) appearing for the Case

Craig L. Crawford (Fed. Pub. Def.), Orlando, FL, Dionja L. Dyer (Fed. Pub. Def.), Tampa, FL, for Underwood.

Susan Hollis Rothstein-Youakim, Tampa, FL, for U.S.

Before EDMONDSON, Chief Judge, and ANDERSON and FAY, Circuit Judges.

ANDERSON, Circuit Judge:

The defendant, Darin Underwood ("Underwood"), appeals his 135-month sentence for possession with intent to distribute 50 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii). Underwood argues that 21 U.S.C. § 841 is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and that under United States v. Booker...

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