United States v. Roger Dale McLevain

OPINION

BOYCE F. MARTIN, JR, Chief Judge.

Roger Dale McLevain appeals his conviction and sentence for violation of 21 U.S.C. § 841(a)(1) on the grounds that (l)the district court erred in denying McLevain’s motion to suppress, (2)the district court erred in admitting several pieces of evidence of prior bad acts, (3)the communication between the court and jury outside defense counsel’s presence violated McLevain’s rights, and (4)the district court misapplied Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), in sentencing. Because we find that the district court erred…