Perez

*383 ORDER

This case is hereby resubmitted effective January 18, 2002.

MEMORANDUM **

Because the parties are familiar with the facts, we discuss only the issues raised on this appeal.

I. PEREZ’S APPRENDI CLAIM

Defendant Jesus Alberto Perez was convicted on five counts, including three counts of violation of 21 U.S.C. § 841 (a)(1). The court did not instruct the jury to determine the quantity of drugs involved in the offense. Based on the Presentence Report, which calculated an amount of marijuana in excess of 3000 kilograms, the court determined a Sentencing Guideline range of 360 months to life and imposed sentences of 360 months on the two drug counts and 240 months on the three money laundering counts, all to run concurrently.

Citing Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and United States v. Nordby, 225 F.3d 1053 (9th Cir.2000), Perez contends that, because the jury made no finding with respect to the quantity of drugs, the imposition of sentences in excess of the statutory maximum for an indeterminate quantity of drugs of 240 months was plain error. The government concedes the error but contends that it did not affect Perez’s…