IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30499
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEMETRIUS RICHARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CR-329-ALL
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges
PER CURIAM:*
Demetrius Richard appeals his sentence following his guilty-
plea conviction of distribution of more than five grams but less
than 50 grams of “crack” cocaine. Richard contends that the
sentence violated Apprendi v. New Jersey, 530 U.S. 466, 490
(2000), because the drug quantity used to determine the
guidelines sentencing range exceeded the drug amount alleged in
the indictment.
Richard’s plea agreement contains a waiver of his right to
appeal his sentence, except on limited grounds, and Richard does
*
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that this opinion should not be published and is not precedent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. 01-30499
-2-
not argue against enforcing the waiver. Even without the waiver,
however, the appeal has no merit.
Richard’s indictment alleged distribution of more than five
grams of crack cocaine. The statutory maximum penalty for that
offense is 40 years. 21 U.S.C. § 841(b)(1)(B)(iii). Apprendi
affords no relief because Richard’s 97-month sentence does not
exceed the statutory maximum penalty provided for cases involving
five grams of crack. See United States v. Doggett, 230 F.3d 160,
166 (5th Cir. 2000), cert. denied, 121 S. Ct. 1152 (2001).
Apprendi likewise does not prohibit the trial court “from
determining the amount of drugs for relevant conduct purposes
under the Sentencing Guidelines.” United States v. Keith, 230
F.3d 784, 786-87 (5th Cir. 2000), cert. denied, 121 S. Ct. 1163
(2001).
The judgment of the district court is AFFIRMED.