Uriarte

MEMORANDUM **

Sonia Guadalupe Uriarte appeals her guilty plea conviction and 4-month sentence for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Uriarte contends that 21 U.S.C. §§ 952 and 960 are unconstitutional under Ap *632 prendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) and United States v. Nordby, 225 F.3d 1053, 1058-59 (9th Cir.2000), overruled in part by United States v. Buckland, 289 F.3d 558 , 2002 WL 857751, at *6 (9th Cir. May 7, 2002) (en banc) (overruling Nordby’s conclusion that Congress committed drug quantity to the sentencing judge to decide by a preponderance of the evidence). This contention is foreclosed by our decisions in United States v. Varela-Rivera, 279 F.3d 1174 , 1175 n. 1 (9th Cir.2002) (concluding that Buckland , which determined that § 841 is constitutional, also precludes a challenge to the constitutionality of § 952), and United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002) (concluding that Apprendi does not render § 960 facially unconstitutional).

Moreover, Uriarte’s 4-month…