Fimbres-Martinez

*449 ORDER

Effective immediately, the above-captioned case is submitted.

MEMORANDUM **

Irma Lorena Fimbres-Martinez (“Fimbres”) pled guilty to one count of importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Before sentencing, Fimbres moved to withdraw her guilty plea and dismiss the indictment in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). The district court denied the motion and sentenced her to 18 months in prison and three years of supervised release. Fimbres appeals the denial of her motion. We affirm.

Fimbres argues that the district court should have dismissed the indictment because the drug statutes under which she was indicted, 21 U.S.C. §§ 952 and 960, are unconstitutional under Apprendi . This argument is foreclosed by our recent decisions in United States v. Buckland, 277 F.3d 1173 (9th Cir.2002) (en banc) and United States v. Mendoza-Paz, 286 F.3d 1104 (9th Cir.2002). Accordingly, the district court correctly denied Fimbres’ motion to dismiss the indictment on this ground.

Fimbres also suggests that the indictment should have been dismissed because it failed to allege the…