United States v. Keith

Defendant-Appellant Lamont E. Keith appealed his conviction and sentence for possession of cocaine base (crack) with intent to distribute, in violation of 21 U.S.C. § 841(b)(1). We affirmed Keith’s conviction, rejecting his claims of evidentiary insufficiency and failure to give a requested insti’uction on nervousness. United States v. Keith, 211 F.3d 126, 99-50692 (5th Cir. Mar. 9, 2000) (unpublished). Reviewing for plain error, we also rejected Keith’s argument that drug quantity is an element of the offense and must be alleged in the indictment and proved to the jury beyond a reasonable…