Valdez

MEMORANDUM *

Eric Jason Valdez appeals his jury-trial conviction and 121-month sentence for seven counts of drug trafficking under 21 U.S.C. § 841 (a)(1). Valdez contends that the district court erred by: (1) failing to submit the issue of drug quantity to the jury; (2) failing to adequately instruct the jury on the issue of entrapment; (3) denying his motion for acquittal; and (4) denying his motion for a reduction based upon sentencing entrapment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Valdez contends that the district court erred under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by failing to instruct the jury that it must determine the drug quantity involved in each count. Because Valdez interposed no objection to the sentencing court’s determination of the amount of drugs, we review the issue under the plain error standard. United States v. Nordby, 225 F.3d 1053, 1059-60 (9th Cir.2000).

Valdez was sentenced to 121 months based on the amount of methamphetamine involved in the offense; his sentence was not affected by the additional amounts of cocaine or marijuana. The statutory maximum penalty for an…