Jacob

MEMORANDUM **

Defendant-Appellant Alander Leveen Jacob (“Jacob”) appeals his guilty plea conviction for two counts of possession of cocaine base with intent to distribute and his sentence of two concurrent terms of 262-months imprisonment with a term of five-years supervised release. On appeal, Jacob asserts that (1) his sentence exceeds the maximum statutory penalty permitted under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), thereby rendering his plea involuntary and unintelligent, (2) the District Court erred in denying his motion to withdraw his guilty plea, and (3) he was deprived of his Sixth Amendment right to counsel. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). For the reasons discussed below, we AFFIRM.

The parties are familiar with the factual background and procedural history of this case, therefore we do not repeat them here except as necessary to explain our decision.

I. Apprendi Claims

Jacob contends that his sentence violates Apprendi because it exceeds the statutory maximum of 240-months imprisonment for an indeterminate amount of cocaine base. He also argues that his plea was…