Garcia

MEMORANDUM *

Mario Miranda-Garcia (“Appellant”) appeals the 324-month sentence imposed by the district court following his conviction on various counts related to distribution of heroin and money laundering. Appellant contends that his sentence should be vacated because it exceeds the statutory maxi *800 mum allowable, pursuant to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and United States v. Nordby, 225 F.3d 1053 (9th Cir.2000), overruled in part by United States v. Buckland, 277 F.3d 1173, 1182 (9th Cir. 2002) (en banc). Appellant further contends that there was insufficient evidence to establish drug quantity and that the district court erred in denying him an adjustment in his offense level for acceptance of responsibility. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .

Appellant pleaded guilty to conspiring to distribute heroin in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A)®, and 846. “A guilty plea ‘eomprehend[s] all of the factual and legal elements necessary to sustain a binding, final judgment of guilt and a lawful sentence.’ ” United States v. Gough, 152 F.3d 1172, 1173 (9th Cir.1998) (quoting…