Marinez-Arellano

MEMORANDUM ***

Nineteen-year-old Cesar Marinez-Arel-lano and his fifteen-year-old cousin, Josué Arellano-Gutierrez, imported about forty kilograms of marijuana into the United States. Marinez-Arellano stated that he agreed with a man named Kiret to smuggle the marijuana in return for $500 and that he was going to give $250 to Arellano-Gutierrez, who, according to Marinez-Ar-ellano, came along because he “also wanted to make some money.”

Marinez-Arellano pleaded guilty to importing marijuana in violation of 21 U.S.C. §§ 952 and 960. The district court sentenced Marinez-Arellano to twelve months and one day imprisonment and three years supervised release. In doing so, the district court found that Marinez-Arellano “recruited” his cousin for the smuggling trip and therefore increased Marinez-Arel-lano’s base offense level by two under U.S.S.G. § 3B1.4. for “use of a minor.” Marinez-Arellano appeals, but we affirm.

I.

Marinez-Arellano first argues that 21 U.S.C. § 960 is unconstitutional under Ap-prendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This Circuit has rejected this argument. United States v. Mendoza-Paz, 286 F.3d 1104, 1109 (9th…