Aguilera

MEMORANDUM

Martine Chavez Aguilera appeals his conviction of one count of conspiracy to possess with intent to distribute cocaine, under 21 U.S.C. §§ 846 , 841(a)(1), and one count of aiding and abetting possession with intent to distribute cocaine, under 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . He argues on appeal that the district court erred in denying his motion to suppress and that his sentence was unconstitutional. As the parties are familiar with the factual and procedural history of this case, we need not recite it in full here. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3472 . We affirm the district court’s order denying Aguilera’s motion to suppress, reject Aguilera’s claim that his sentence was unconstitutional because his prior conviction was not submitted to the jury, and defer resolution of Aguilera’s claim that his sentence was unconstitutional under 21 U.S.C. § 841 (b) pending the en banc decision in United States v. Buckland, No. 99-30285.

The district court concluded that the warrantless search of Aguilera’s apartment was a valid probation search, and, in the alternative, was justified by exigent circumstances. We affirm on the…