UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4016
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TAMMY MARIE LOGAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Asheville. Lacy H. Thornburg, District
Judge. (CR-00-6)
Submitted: March 21, 2002 Decided: March 27, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert E. Hensley, Jr., Asheville, North Carolina, for Appellant.
Robert J. Conrad, Jr., United States Attorney, Thomas R. Ascik,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tammy Marie Logan appeals her conviction and sentence, imposed
pursuant to a guilty plea, for conspiracy to possess cocaine base
with the intent to distribute and possession of cocaine base with
intent to distribute, in violation of 21 U.S.C.A. §§ 841, 846 (West
1999 & Supp. 2001). Finding no error, we affirm Logan’s conviction
and sentence.
Logan contends her concurrent 121-month sentences are invalid
under Apprendi v. New Jersey, 530 U.S. 466 (2000). Because Logan’s
sentence is not above the twenty year statutory maximum of
§ 841(b)(1)(C), we find Apprendi is not implicated and affirm her
sentence. See United States v. Dinnall, 269 F.3d 418 (4th Cir.
2001); United States v. Promise, 255 F.3d 150 (4th Cir. 2001) (en
banc), petition for cert. filed, (U.S. Sept. 20, 2001) (No.
01-6398).
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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