Frye

ORDER

We vacate submission of Frye’s Apprendi claims pending this court’s disposition in United States v. Buckland, No. 99-30285.

MEMORANDUM **

Frye does not dispute that his pri- or conviction for assault with a deadly weapon is a crime of violence. And his prior conviction for possessing marijuana for sale in violation of California Health and Safety Code § 11359 qualifies categorically as a controlled substance offense, which is defined in relevant part as “an offense under ... state law ... that prohibits ... the possession of a controlled substance ... with intent to .... distribute[ ] or dispense.” U.S.S.G. § 4B1.2(b); see also People v. Meza, 38 Cal.App.4th 1741, 1745-46 , 45 Cal.Rptr.2d 844 (Cal.Ct. *622 App.1995) (“Unlawful possession of a controlled substance for sale requires proof the defendant possessed the contraband with the intent of selling it and with knowledge of both its presence and illegal character.”). He was thus properly sentenced as a career offender under U.S.S.G. § 4B1.1.

Frye also contends that 18 U.S.C. § 3583 (b)(2) sets the maximum term of supervised re ease to which he can be sentenced at three years, even though 21 U.S.C. § 841 (b)(1)(C)…