Lopez

ORDER RESUBMITTING CASE

We vacated submission of this case on June 21, 2001. We now order it resubmitted.

MEMORANDUM *

Maricela Lopez appeals her conviction and sentence after a guilty plea to importation of marijuana. See 21 U.S.C. §§ 952 , 960. We affirm.

Lopez complains of the district court’s refusal to allow her to withdraw her guilty plea before sentencing. If she had a “fair and just reason” to withdraw her plea, her motion to do so should have been granted. United States v. Ruiz, 257 F.3d 1030, 1032 (9th Cir.2001) (en banc). Her reasons did not have those characteristics. They amounted to no more than speculation about the possible effects of Apprendi 1 on her conviction and sentence. Speculation is not a reason to set aside her plea. That is especially true when, as here, the speculation was about a possible legal universe that does not exist. We have rejected the assertion that the statutes under which she was convicted are unconstitutional. They are not. See United States v. Buckland, 289 F.3d 558 , -, -, slip op. 6645, 6650 (9th Cir.2002) (en banc), cert. denied, — U.S. -, 122 S.Ct. 2314 , 152 L.Ed.2d 1067 (2002); United States v. Mendoza-Paz, 286 F.3d 1104,…