United States v. Wendell Nance, Sr.

DIANE P. WOOD, Circuit Judge.

Wendell Nance, Sr., and his son Wendell Nance, Jr. (nicknamed “Ardell”), were charged and convicted for conspiring to distribute crack cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Ardell chose to plead guilty, but Wendell’s case went to trial before a jury. Only Wendell has appealed. Initially, he challenged only two aspects of his sentence, but with the permission of this court, he added an argument that his sentence of 262 months was unlawful under the Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147…