Hernandez-Romero

MEMORANDUM ***

Carlos Hemandez-Romero pleaded guilty to importing about 130 kilograms of marijuana into the United States, in violation of 21 U.S.C. §§ 952 and 960. The district court sentenced Hernandez-Romero to twenty-one months imprisonment and three years supervised release. Hernandez-Romero appeals his conviction and sentence, but we affirm.

I.

Hernandez-Romero first argues that 21 U.S.C. § 960 is facially unconstitutional. This Court rejected that argument in United States v. Mendoza-Paz, 286 F.3d 1104 (9th Cir.2002). Hernandez-Romero’s sentence also withstands any challenge under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Apprendi holds that “[ojther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Id. at 490 , 120 S.Ct. 2348 . The district court sentenced Hernandez-Romero to twenty-one months imprisonment and three years supervised release for importing about 130 kilograms of marijuana into the United States. The maximum sentence for importing more than 100 kilograms of marijuana is 40…