Cruz-Calixto

ORDER

This case is resubmitted as of the date of this order.

*567 MEMORANDUM **

Pedro Cruz-Calixto appeals his conviction by a jury and his sentence for one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 , and one count of importation of marijuana, in violation of 21 U.S.C. § 960 . Specifically, he challenges the admission of one piece of evidence at trial, and contends that the statutes under which he was convicted are unconstitutional in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Because neither argument has merit, we affirm. The parties are familiar with the facts, so we do not recite them here except as necessary to explain our decision.

1. The district court gave a limiting instruction directing the jury not to use the evidence as substantive evidence but only as it bore on Inspector Novak’s credibility. Because the disputed evidence was not admitted for the truth of the facts asserted in Novak’s report, it is not subject to the limitations on admission of hearsay. See Fed.R.Evid. 801(c) (defining hearsay as a statement “offered in evidence to prove…