Mejia

ORDER

On June 13, 2001, this appeal was taken under submission following oral argument. Because its resolution depended on the outcome of a case then pending before the Ninth Circuit, we withdrew submission of this appeal on June 19, 2001. We now submit this appeal for decision.

MEMORANDUM *

David Mejia appeals his conviction for importation of marijuana in violation of 21 *569 U.S.C. §§ 952 and 960. Mejia entered a conditional guilty plea which reserved his right to appeal the denial of his motion to dismiss the indictment for alleged violations of Federal Rule of Criminal Procedure 5(a). Mejia contends that dismissal is warranted because he was held in federal custody for 13 days before he was brought before a magistrate. Mejia also challenges the constitutionality, following Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), of 21 U.S.C. § 960 . We affirm.

The district court’s decision refusing to dismiss an indictment for impermissible delay is reviewed for abuse of discretion. United States v. Dudden, 65 F.3d 1461, 1466 (9th Cir.1995).

The duty to take a detainee before a federal magistrate “without unnecessary delay” arises when a person is…