UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 99-4677 KEITH DARNELL BILLINGS, Defendant-Appellant.  Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, District Judge. (CR-99-249)

Submitted: October 20, 2000

Decided: November 2, 2000

Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

COUNSEL

Louis H. Lang, CALLISON, TIGHE & ROBINSON, L.L.P., Colum- bia, South Carolina, for Appellant. J. Rene Josey, United States Attor- ney, Alfred W. Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee. 2 UNITED STATES v. BILLINGS

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION

PER CURIAM:

Keith Darnell Billings appeals his conviction and sentence for con- spiracy to possess with intent to distribute and distribution of cocaine base and powder cocaine in violation of

(1994). Finding no reversible error, we affirm.

On appeal, Billings contends that the Supreme Court’s recent deci- sion in Apprendi v. New Jersey,

,

(2000), requires that his conviction and sentence be vacated. Because Bil- lings’ sentence of 210 months does not exceed the twenty-year statu- tory maximum set out in

(b)(1)(C) (West 1999) for the core offense without enhancement for drug quantity, we find that his sentence is permissible under Apprendi. See United States v. Angle, Nos. 96-4662/4672, 99-4187,

(4th Cir. Oct. 12, 2000); United States v. Aguayo-Delgado,

(8th Cir. 2000).

Accordingly, we affirm Billings’ conviction and sentence. We dis- pense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED