United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 3, 2003
Charles R. Fulbruge III
Clerk
No. 02-30830
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEFFREY RAY STOVALL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CR-20049-10
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jeffrey Ray Stovall (“Stovall”) appeals his sentence
following his guilty plea conviction of conspiracy to distribute
cocaine base. Stovall raises two issues on appeal. First,
Stovall argues that the district court erred in finding by a
preponderance of the evidence that Stovall distributed 460 grams
of crack cocaine in calculating Stovall’s “relevant conduct” for
sentencing purposes. The district court did not clearly err in
finding that the testimony of Government witnesses at the
*
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that this opinion should not be published and is not precedent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. 02-30830
-2-
sentencing hearing showed by a preponderance of the evidence that
Stovall distributed 460 grams of crack in addition to the 22
grams to which he pleaded guilty. See United States v. Medina,
161 F.3d 867, 876 (5th Cir. 1998).
Second, Stovall contends that pursuant to Apprendi v. New
Jersey, 530 U.S. 466 (2000), the district court should be
required to submit to a jury the issue of the quantity of
cocaine. The district court was not required to submit the issue
of the quantity of cocaine to a jury, as only facts that increase
the penalty for a crime beyond the statutory maximum must be
submitted to a jury and proven beyond a reasonable doubt. See
Apprendi, 530 U.S. at 489; United States v. Keith, 230 F.3d 784,
787 (5th Cir. 2000).
AFFIRMED.