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15 F. App'x 61

Ward v. Dewalt

U.S. Courts of Appeals

Decided June 29, 2001

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U.S. Courts of Appeals · decided 2001-06-29

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Apprendi v. New Jersey · United States v. Kinter

Decided 2001-06-29

PER CURIAM.

¶1 Charlie Ward, Sr., appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion and find no reversible error. We note that, even if the district court had jurisdiction to review Ward’s Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), claim, the sentence would not be in error because his 188-month sentence did not exceed the applicable statutory maximum. See 21 U.S.C.A. § 841(b)(1)(C) (West 1999); United States v. Kinter, 235 F.3d 192, 199 (4th Cir.2000). Accordingly, we affirm on the reasoning of the district court. Ward v. Dewalt, No. CA-00-856 (E.D.N.C. filed Jan. 22, 2001; entered Jan. 23, 2001). 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.

¶2 AFFIRMED.

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