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United States v. Moreno

Because the district court's findings regarding drug quantity did not increase the defendants sentence of imprisonment beyond the statutory maximum, his Apprendi based attack is unavailing.

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Summary Calendar

Appeal from the United States District Court for the Southern District of Texas

Pedro Moreno appeals following his guilty plea and sentence to conspiracy to launder monetary instruments, 18 U.S.C. � 1956, and operation of a continuing criminal enterprise (“CCE”), 21 U.S.C. � 848. Moreno received a sentence of life imprisonment under the latter statute following a judicial determination that 122,081 kilograms of marijuana were attributable to him. Moreno argues that his indictment failed to sufficiently allege drug quantity under Apprendi v. New Jersey, 530 U.S. 466 (2000). Because Moreno did not challenge the indictment or his sentence on these grounds in the district court, this court reviews his assertion for plain error only. See United States v. Randle, 259 F.3d 319, 321 (5th Cir. 2001).

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