United States v. Webb

Drug conviction affirmed; there was no Apprendi error because, taking into consideration the court's recidivism finding, sentence fell within appropriate guidelines; trial court did not err in refusing to credit defendant with accepting responsibility for his offenses because defendant did not accept responsibility for all offenses charged and did not show remorse; trial court did not err in admitting evidence of defendant's prior drug transaction.

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Argued March 9, 2001

This case presents questions arising from the Supreme Court’s opinion in Apprendi v. New Jersey, 530 U.S. 466 (2000), including the impact of Apprendi on the interpretation of the career offender provision of the United States Sentencing Guidelines, U.S.S.G. s 4B1.1. Dennis Webb appeals from his conviction on three counts of distributing and one count of possessing with intent to distribute cocaine base, in violation of 21 U.S.C. s 841. Webb contends that because a judge, rather than a jury, determined facts concerning drug quantity and prior criminal convictions, his sentence was imposed in violation of both the Constitution and the Sentencing Guidelines. For the reasons discussed below, we reject those challenges. We also reject Webb’s subsidiary claims that the trial court erred in failing to credit him with accepting responsibility for his offenses, in admitting evidence of Webb’s prior drug transactions, and in denying his motion to suppress evidence obtained during a search of his apartment.

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