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  • United States v. Fultz, 4th Cir. (2003)

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    Kenneth Tyrone Fultz appealed his 180-month sentence for possession of a firearm by a convicted felon and possession of cocaine base with intent to distribute. The United States Court of Appeals for the Fourth Circuit affirmed his sentence. The court held that under Apprendi v. New Jersey, sentencing factors such as career offender status do not need to be alleged in an indictment or submitted to a jury. As Fultz was sentenced within the statutory maximum, Apprendi did not apply to require the sentencing factors to be proven to a jury beyond a reasonable doubt. The Fourth Circuit affirmed Fultz's sentence.

    Original Description:

    Filed: 2003-04-07 Precedential Status: Non-Precedential Docket: 02-4977

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    Kenneth Tyrone Fultz appealed his 180-month sentence for possession of a firearm by a convicted felon and possession of cocaine base with intent to distribute. The United States Court of Appeals for the Fourth Circuit affirmed his sentence. The court held that under Apprendi v. New Jersey, sentencing factors such as career offender status do not need to be alleged in an indictment or submitted to a jury. As Fultz was sentenced within the statutory maximum, Apprendi did not apply to require the sentencing factors to be proven to a jury beyond a reasonable doubt. The Fourth Circuit affirmed Fultz's sentence.

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    United States v. Fultz, 4th Cir. (2003)

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    Kenneth Tyrone Fultz appealed his 180-month sentence for possession of a firearm by a convicted felon and possession of cocaine base with intent to distribute. The United States Court of Appeals for the Fourth Circuit affirmed his sentence. The court held that under Apprendi v. New Jersey, sentencing factors such as career offender status do not need to be alleged in an indictment or submitted to a jury. As Fultz was sentenced within the statutory maximum, Apprendi did not apply to require the sentencing factors to be proven to a jury beyond a reasonable doubt. The Fourth Circuit affirmed Fultz's sentence.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-4977

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    KENNETH TYRONE FULTZ,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
    Chief District Judge. (CR-02-196)

    Submitted:

    March 21, 2003

    Decided:

    April 7, 2003

    Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Louis C. Allen, III, Federal Public Defender, William C. Ingram,


    Assistant Federal Public Defender, Greensboro, North Carolina, for
    Appellant. Anna Mills Wagoner, United States Attorney, Michael F.
    Joseph, Assistant United States Attorney, Greensboro, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kenneth Tyrone Fultz appeals his 180-month sentence imposed
    following his guilty plea to possession of a firearm by a convicted
    felon, in violation of 18 U.S.C. 922(g)(1), 924(a)(2) (2000),
    and possession of cocaine base with intent to distribute, in
    violation of 21 U.S.C. 841 (2000).

    We affirm.

    Fultz contends Apprendi v. New Jersey, 530 U.S. 466 (2000)


    (holding any fact, other than prior conviction, that increases
    criminal

    penalty

    beyond

    prescribed

    statutory

    maximum

    must

    be

    submitted to jury and proved beyond reasonable doubt), requires


    sentencing factors such as career offender status be alleged in the
    indictment, submitted to a jury, and proven beyond a reasonable
    doubt. We have previously held sentencing factors are not required
    to be alleged in the indictment or submitted to the jury.

    Fultz

    was sentenced within the statutory maximum, and Apprendi does not
    apply.

    See United States v. Kinter, 235 F.3d 192, 200 (4th Cir.

    2000).
    For the foregoing reasons, we affirm Fultzs sentence.

    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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