IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51322
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DUNOIS DEE T. BEMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-98-CR-2-2
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October 26, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Dunois “Dee” T. Beman appeals from his sentence following
resentencing for conspiring to manufacture methamphetamine and
aiding and abetting the manufacture of methamphetamine. He
argues that his sentence is invalid pursuant to Apprendi v. New
Jersey, 530 U.S. 466 (2000), because it was based upon the
district court’s determination of drug quantity and such quantity
was neither submitted to a jury nor found beyond a reasonable
doubt.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-51322
-2-
This court has declined to apply Apprendi when a sentence is
enhanced within the statutory range based upon a drug-quantity
finding. United States v. Keith, 230 F.3d 784, 787 (5th Cir.
2000), cert. denied, 121 S. Ct. 1163 (2001); United States v.
Doggett, 230 F.3d 160, 166 (5th Cir. 2000), cert. denied, 121 S.
Ct. 1152 (2001); United States v. Meshack, 225 F.3d 556, 575-77
(5th Cir. 2000), cert. denied sub nom., Parker v. United States,
531 U.S. 1100 (2001), amended on reh’g, 244 F.3d 367 (5th Cir.
2001). Beman concedes that his sole argument on appeal is
foreclosed by this court’s precedent, but he urges this court to
reconsider the issue.
The above-cited cases are binding on this court. See United
States v. Ruff, 984 F.2d 635, 640 (5th Cir. 1993). Accordingly,
the district court’s judgment is AFFIRMED.