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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-3122 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * District of Nebraska. * Hyman Leville Steele, * [UNPUBLISHED] also known as Hymie Steele, * * Appellant. * ___________ Submitted: May 10, 2001 Filed: May 15, 2001 ___________ Before LOKEN, FAGG, and BYE, Circuit Judges. ___________ PER CURIAM. Hyman Leville Steele pleaded guilty to conspiring to distribute and possess with intent to distribute a mixture or substance containing a detectable amount of cocaine base, in violation of
21 U.S.C. § 846. The district court,1 using an unobjected-to drug quantity of at least 9.52 grams, sentenced Steele to 60 months imprisonment, the statutory minimum, see
21 U.S.C. § 841(b)(1)(B), and to 5 years supervised release. On appeal, Steele’s counsel filed a brief under Anders v. California,
386 U.S. 7381 The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska. (1967), arguing that Steele should have been held responsible for only 3-4 grams of cocaine base, and that his sentence violated Apprendi v. New Jersey,
530 U.S. 466(2000). Steele’s arguments are unpersuasive. Because his sentence does not exceed the 20-year statutory maximum prison term for a non-quantity-based drug offense, it does not violate Apprendi. See United States v. Aguayo-Delgado,
220 F.3d 926, 934 (8th Cir.), cert. denied,
121 S. Ct. 600(2000). Further, in his plea agreement, Steele stipulated that he was responsible for 5-20 grams of cocaine base. See United States v. Nguyen,
46 F.3d 781, 783 (8th Cir. 1995). Having reviewed the record independently pursuant to Penson v. Ohio,
488 U.S. 75(1988), we have found no nonfrivolous issues for appeal. Accordingly, we affirm and grant counsel’s motion to withdraw. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 00-3122
Citation Numbers: 10 F. App'x 382
Filed Date: 5/15/2001
Precedential Status: Non-Precedential
Modified Date: 1/12/2023