United States v. Perez-Gutierrez

44 F. App'x 180

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 7, 2002
• Docket: No. 00-50716; D.C. No. CR-00-02030-JNK
• Status: Published

Opinion

MEMORANDUM

***

Jose Luis Perez-Gutierrez appeals his conviction pursuant to a conditional guilty plea and his sentence for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Perez-Gutierrez’s argument that 21 U.S.C. § 960 is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is foreclosed by United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002).

His argument that the government must prove that Perez-Gutierrez knew the type and quantity of drugs he was importing is foreclosed by United States v. Carranza, 289 F.3d 634, 644 (9th Cir.2002).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.