Rodriguez

SUPPLEMENTAL

*565 MEMORANDUM ***

Appellant Hector German Rodriguez challenged his drug conviction, claiming that the statute he was convicted of violating was unconstitutional, and that the trial court erred in admitting certain evidence. In an earlier memorandum disposition, we resolved all but the Apprendi issues, which we ordered deferred pending resolution of United States v. Buckland, 277 F.3d 1173 (9th Cir.2002) (en banc). Buckland was then decided and we resubmitted the Apprendi issues on January 25, 2002. We affirm.

Rodriguez was convicted of violating 21 U.S.C. § 841 (a)(1) for possession of marijuana with intent to distribute. The jury made no finding as to the amount of marijuana possessed by Rodriguez. At sentencing, the district court found that Rodriguez possessed more than 50 kilograms of marijuana, thereby exposing Rodriguez to a statutory maximum sentence of 20 years. See 21 U.S.C. § 841 (b)(1)(C) (West 1999 & Supp.2001). **** If the district court had not made that finding as to quantity, Rodriguez would have faced a maximum sentence of five years. See 21 U.S.C. § 841 (b)(1)(D) (West 1999 & Supp. 2001). The district court sentenced Rodriguez to a term of…