UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-4393

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

OSCAR MILLER, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Wilmington. Malcolm J. Howard, District Judge. (CR-97-67-H)

Submitted: November 30, 2001 Decided: December 18, 2001

Before WIDENER and KING, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Oscar Miller appeals his sentence to 240 months’ incarceration

following his guilty plea and conviction of distribution of cocaine

base, in violation of

(a)(1) (West 2000). Because

§§ 841 and 846 are not rendered unconstitutional by Apprendi v. New

Jersey,

(2000), which is the sole issue Miller asserts

on appeal, we affirm Miller’s conviction and sentence. See United

States v. McAllister, F.3d ,

, (4th

Cir. Nov. 8, 2001) (No. 00-4423). We dispense 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

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