United States v. Wade Allen Wheat

GOLDBERG, Judge.

Wade Allen Wheat appeals from his conviction on one count of possession of cocaine base (“crack”). He argues, inter alia, that the district court 4 erred in denying his motion to suppress, and that, even if his conviction were lawful, his sentence is unconstitutional in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because we find that the District Court properly denied Wheat’s motion to suppress and that the Apprendi error was harmless, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 3, 1996, a…