United States v. Alphonso Shepard

BARKETT, Circuit Judge:

Alphonso Shepard appeals his sentence of 188 months imprisonment after pleading guilty to knowingly and intentionally possessing crack cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). Shepard seeks reversal of his sentence arguing that because drug quantity was not alleged in the indictment his sentence violated the rule announced in Apprendi v. New Jersey, — U.S. -, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Notwithstanding that the indictment did not allege drug quantity, because we do not find that this error prejudiced Shepard, we affirm.

The…