Juarez-Ramos

MEMORANDUM ***

Magdalena Juarez-Ramos was arrested for importing approximately fifty-two kilograms of marijuana into the United States. The government offered Juarez-Ramos a plea bargain under the “fast track” procedure for handling routine drug importation cases. Juarez-Ramos rejected the proposed plea agreement and pleaded not guilty to the indictment. However, without accepting the plea agreement, Juarez-Ramos subsequently pleaded guilty to importing marijuana, in violation of 21 U.S.C. §§ 952 and 960. The district court sentenced Juarez-Ramos to twelve months and one day imprisonment and three years supervised release. Juarez-Ramos appeals her conviction and sentence; we vacate her sentence and remand to the district court for resentencing, without prejudice to her arguments concerning the validity of her conviction.

I.

Juarez-Ramos argues 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). Alternatively, Juarez-Ramos argues that § 960 requires that she had knowledge of the type and quantity of the controlled substance at issue, and that the district court erred under Federal Rule of Criminal…