United States v. Cortney Walker, A/K/A Moon, A/K/A Courtney Walker

Cortney Walker appeals his revised sentence on the basis that the district court’s imposition of a 10-year sentence on resen-tencing violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We disagree and affirm.

I

Walker was convicted of conspiracy to distribute marijuana after a jury trial. No quantity of drugs was specified in the indictment and the jury was instructed that the government “need not prove the actual amount of the controlled substance that was part of any alleged violation in this case.” The district court originally sentenced Walker to life…