Servin-Palomares

MEMORANDUM **

By pleading guilty, Servin-Palomares (“Servin’’) waived his right to have a jury determine the quantity of marijuana involved in his offenses. United States v. *682 Silva, 247 F.3d 1051, 1060 (9th. Cir.2001). Even assuming there was error under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the indictment failed to specify a drug quantity, this error did not affect Serviris “substantial rights” because the court instructed Servin at the change of plea hearing that he faced a term of imprisonment of at least five years up to life in prison and because Servin admitted at sentencing he was responsible for 1,183 pounds of marijuana. His actual sentence of 175 months falls within the range the court instructed him he could receive as punishment and within the statutory sentencing range for the undisputed quantity of marijuana. Any alleged error does not satisfy the standard for plain error review. Cf. Silva, 247 F.3d at 1060 (although sentence exceeded statutory maximum for crime as charged in indictment, which was silent as to quantity, no Apprendi error because defendants admitted quantity in plea agreements); see also United…