Elizalde-Vargas

MEMORANDUM **

Estaban Elizalde-Varges pleaded guilty to possessing, distributing, and conspiring to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1); 846. His counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Our task is to determine whether there are any grounds for reversal or modification of the district court’s judgment. See Anders, 386 U.S. at 744 . We conclude there are none, and accordingly, we affirm.

The record shows that Elizalde-Varges’s decision to waive his right to a jury trial was made voluntarily, knowingly, and intelligently. See United States v. Duarte-Higareda, 113 F.3d 1000, 1003 (9th Cir. 1997). There was a sufficient factual basis to permit the district court to conclude that Elizalde-Varges committed the crimes charged. See United States v. Aquino, 242 F.3d 859, 866 (9th Cir.2001). Finally, Elizalde-Varges’s sentence did not violate Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). See United States v. Scheele, 231 F.3d 492 , 497 n. 2 (9th Cir.2000) (noting that Apprendi is not violated when sentence is less than the twenty-year statutory maximum…