Betancourt-Betancourt

ORDER

On June 12, 2001, this appeal was taken under submission following oral argument. Because its resolution depended on the outcome of two cases then pending before the Ninth Circuit, United States v. Buckland, No. 99-30285 and United States v. Mendoza-Paz, No. 00-50029, we withdrew submission of this appeal on June 14, 2001. We now submit this appeal for decision.

MEMORANDUM *

Francisco Betaneourt-Betancourt appeals his jury conviction for importation of, and possession with intent to distribute, approximately 162.5 pounds of marijuana in violation of 21 U.S.C. §§ 952 , 960, & 841(a)(1). Betancourt attacks the constitutionality, following Apprendi, of 21 U.S.C. §§ 960 and 841, and claims that several evidentiary rulings made by the district court constitute reversible error. We affirm.

I. Constitutionality of 21 U.S.C. §§ 960 and 841

Betancourt argues that we must reverse his conviction because 21 U.S.C. §§ 841 and 960 are unconstitutional in light of the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , *485 147 L.Ed.2d 435 (2000). Pursuant to our recent opinions in United States v. Buckland, 277 F.3d 1173 (9th Cir.2002) (en banc) and…