Tello-Bernal

MEMORANDUM **

Rodolfo Tello-Bernal appeals his guilty plea conviction and 46-month sentence for one count of importation of cocaine and one count of aiding and abetting the possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 952, 960 and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Tello-Bernal contends that 21 U.S.C. §§ 841 , 952 and 960 are unconstitutional under Apprendi 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), over *633 ruled 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 Buckland , at *2-6, ---(concluding that § 841 is not facially unconstitutional in light of Apprendi), United States v. Varela-Rivera, 279 F.3d 1174 , 1175 n. 1 (9th Cir.2002) (concluding that Buckland also precludes a challenge to the constitutionality of § 952), and…