Estrada-Rendon

MEMORANDUM *

Defendant-Appellant Monica Estrada-Rendon (Estrada) appeals her conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Estrada challenges the constitutionality of 21 U.S.C. § 841 , the statute under which she was convicted and sentenced. This argument is foreclosed by United States v. Buckland, 289 F.3d 558 , 2002 WL 857751, at * 10 (9th Cir. May 7, 2002) (en banc) (holding that 21 U.S.C. § 841 is not facially unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000)).

Estrada does not contest the constitutionality of her initial stop and immigration-related questioning at the San Clemente checkpoint. Both the stop and the questioning were well within the permissible scope of a suspicionless stop at a permanent immigration checkpoint. See United States v. Martinez-Fuerte, 428 U.S. 543, 566 , 96 S.Ct. 3074 , 49 L.Ed.2d 1116 (1976). Instead, Estrada contends that the border patrol agent’s request to search her trunk violated her Fourth Amendment rights.

Unlike the prolonged detention at issue in United…