United States v. Romero-Castro

58 F. App'x 336

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 12, 2003
• Docket: No. 01-50143; D.C. No. CR-00-03202-TJW
• Status: Published

Opinion

MEMORANDUM

**

Alfredo Romero-Castro appeals his conviction, following a guilty plea, for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960.

Romero-Castro’s contention that 21 U.S.C. § 960 is facially unconstitutional following Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and that United States v. Harris, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), overrules United States v. Buckland, 289 F.3d 558, 562 (9th Cir.) (en banc), cert. denied, 535 U.S. 1105, 122 S.Ct. 2314, 152 L.Ed.2d 1067 (2002), and United States v. Mendoza-Paz, 286 F.3d 1104 (9th Cir.), cert. denied, — U.S.-, 123 S.Ct. 573, 154 L.Ed.2d 459 (2002), is foreclosed by United States v. Hernandez, 322 F.3d 592 (9th Cir.2003). Romero-Castro’s conviction is

AFFIRMED.

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