UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4977
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENNETH TYRONE FULTZ,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-02-196)
Submitted: March 21, 2003 Decided: April 7, 2003
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, III, Federal Public Defender, William C. Ingram,
Assistant Federal Public Defender, Greensboro, North Carolina, for
Appellant. Anna Mills Wagoner, United States Attorney, Michael F.
Joseph, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kenneth Tyrone Fultz appeals his 180-month sentence imposed
following his guilty plea to possession of a firearm by a convicted
felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000),
and possession of cocaine base with intent to distribute, in
violation of 21 U.S.C. § 841 (2000). We affirm.
Fultz contends Apprendi v. New Jersey, 530 U.S. 466 (2000)
(holding any fact, other than prior conviction, that increases
criminal penalty beyond prescribed statutory maximum must be
submitted to jury and proved beyond reasonable doubt), requires
sentencing factors such as career offender status be alleged in the
indictment, submitted to a jury, and proven beyond a reasonable
doubt. We have previously held sentencing factors are not required
to be alleged in the indictment or submitted to the jury. Fultz
was sentenced within the statutory maximum, and Apprendi does not
apply. See United States v. Kinter, 235 F.3d 192, 200 (4th Cir.
2000).
For the foregoing reasons, we affirm Fultz’s sentence. 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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