Aquino

MEMORANDUM **

Robert Aquino appeals his sentence, arguing that the district court erred by basing the sentence on a quantity of drugs greater than specified in the indictment or plea. We reject his argument and we affirm.

DISCUSSION

Aquino contends that the district court erred by calculating his sentence using quantities of methamphetamine not charged in the indictment or admitted to at his plea hearing. He relies on Appren-di v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), holding that “[ojther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

Apprendi does not apply to Aquino’s circumstances. Aquino pleaded guilty to drug offenses that trigger a maximum sentence of life imprisonment. 21 U.S.C. § 841 (b)(1)(A)(viii). Moreover, distribution of any amount of methamphetamine carries a maximum sentence of twenty years. 21 U.S.C. § 841 (b)(1)(C). The district court’s decision to include the additional amount of methamphetamine did not expose Aquino to a sentence that exceeds either of these maximum sentences.…