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    United States v. Meyst, 4th Cir. (2001)

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    Robert Meyst pled guilty to conspiracy to possess cocaine and cocaine base with intent to distribute and money laundering. On appeal, he argued that Apprendi v. New Jersey rendered 21 U.S.C. § 841 unconstitutional because it did not require drug quantities to be charged in the indictment and proven beyond a reasonable doubt. The Fourth Circuit rejected this argument and affirmed his convictions and sentence, citing previous rulings that Apprendi does not render § 841 facially unconstitutional. The court dispensed with oral argument as the facts and legal issues were adequately presented in the court materials.

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    United States v. Meyst, 4th Cir. (2001)

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    Robert Meyst pled guilty to conspiracy to possess cocaine and cocaine base with intent to distribute and money laundering. On appeal, he argued that Apprendi v. New Jersey rendered 21 U.S.C. § 841 unconstitutional because it did not require drug quantities to be charged in the indictment and proven beyond a reasonable doubt. The Fourth Circuit rejected this argument and affirmed his convictions and sentence, citing previous rulings that Apprendi does not render § 841 facially unconstitutional. The court dispensed with oral argument as the facts and legal issues were adequately presented in the court materials.

    Original Description:

    Filed: 2001-09-25 Precedential Status: Non-Precedential Docket: 99-4887

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    Robert Meyst pled guilty to conspiracy to possess cocaine and cocaine base with intent to distribute and money laundering. On appeal, he argued that Apprendi v. New Jersey rendered 21 U.S.C. § 841 unconstitutional because it did not require drug quantities to be charged in the indictment and proven beyond a reasonable doubt. The Fourth Circuit rejected this argument and affirmed his convictions and sentence, citing previous rulings that Apprendi does not render § 841 facially unconstitutional. The court dispensed with oral argument as the facts and legal issues were adequately presented in the court materials.

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    United States v. Meyst, 4th Cir. (2001)

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    Robert Meyst pled guilty to conspiracy to possess cocaine and cocaine base with intent to distribute and money laundering. On appeal, he argued that Apprendi v. New Jersey rendered 21 U.S.C. § 841 unconstitutional because it did not require drug quantities to be charged in the indictment and proven beyond a reasonable doubt. The Fourth Circuit rejected this argument and affirmed his convictions and sentence, citing previous rulings that Apprendi does not render § 841 facially unconstitutional. The court dispensed with oral argument as the facts and legal issues were adequately presented in the court materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-4887

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ROBERT MEYST,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Statesville. Richard L. Voorhees,
    District Judge. (CR-99-20)

    Submitted:

    August 10, 2001

    Decided:

    September 25, 2001

    Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    G. Alan DuBois, Assistant Federal Public Defender, Raleigh, North
    Carolina, for Appellant.
    Robert J. Higdon, Jr., OFFICE OF THE
    UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Robert A. Meyst pled guilty to one count of conspiracy to
    possess with intent to distribute cocaine and cocaine base in violation of 21 U.S.C. 846 (1994) and one count of money laundering
    in violation of 19 U.S.C. 1956(h) (1994).

    On appeal, Meyst

    argues that the rule announced in Apprendi v. New Jersey, 530 U.S.
    466 (2000), renders 21 U.S.C.A. 841 (West 1999 & Supp. 2001)
    unconstitutional on its face.

    We reject this argument and affirm

    his convictions and sentence.

    See United States v. Cernobyl,

    F.3d

    , 2001 WL 733406, **3-4 (10th Cir. June 29, 2001); United

    States v. Martinez, 253 F.3d 251, 256 n.6 (6th Cir. 2001); United
    States v. Brough, 243 F.3d 1078, 1079-80 (7th Cir. 2001); United
    States v. Slaughter, 238 F.3d 580, 581 (5th Cir. 2000), cert.
    denied,
    9519).

    U.S.

    , 69 U.S.L.W. 3739 (U.S. May 21, 2001) (No. 00-

    See also United States v. Promise, 255 F.3d 150, 156-57

    (4th Cir. 2001) (en banc).

    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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