Rubio-Salazar

ORDER

This ease is resubmitted for decision as of May 15, 2002.

MEMORANDUM **

Defendant Victor Manuel Rubio-Salazar appeals his conviction, after a jury trial, of importing marijuana (in violation of 21 U.S.C. §§ 952 and 960) and of possessing marijuana with the intent to distribute it (in violation of 21 U.S.C. § 841 (a)(1)). He makes five arguments.

1. Defendant first claims that his own oral statements to Customs agents were admitted improperly as evidence of “other acts,” Fed.R.Evid. 404(b). Defendant did not object to admission of the statements at trial, so we review for plain error. See Fed.R.Evid. 103(d); Fed.R.Crim.P. 52(b).

Defendant’s own statements are party admissions, which are not hearsay and which generally are admissible under Federal Rule of Evidence 801(d)(2). See United States v. Bibo-Rodriguez, 922 F.2d 1398 (9th Cir.1991) (distinguishing “other acts” evidence from party admissions). Even if the statements are subject to analysis under Rule 404(b), there was no plain error. The evidence tended to prove Defendant’s knowledge, intent, and opportunity.

*565 2. Next, Defendant argues that § 841 is facially unconstitutional. His argument is foreclosed by…