UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4565
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RUBEN PEREZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CR-01-11)
Submitted: January 31, 2002 Decided: February 6, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
Assistant Federal Public Defender, Raleigh, North Carolina, for Ap-
pellant. John Stuart Bruce, United States Attorney, Anne M. Hayes,
Assistant United States Attorney, Ethan A. Ontjes, Assistant United
States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ruben Perez appeals his conviction pursuant to a guilty plea
to possession with intent to distribute more than 100 kilograms of
marijuana, in violation of 21 U.S.C.A. § 841 (West 1999 & Supp.
2001). Because 21 U.S.C.A. § 841 is not rendered unconstitutional
by Apprendi v. New Jersey, 530 U.S. 466 (2000), which is the sole
issue Perez asserts on appeal, we affirm Perez’s conviction and
sentence. See United States v. McAllister, 272 F.3d 228, 232 (4th
Cir. 2001). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED
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