Varela

MEMORANDUM **

Hector Varela appeals his conviction for knowingly and intentionally importing marijuana into the United States, in violation of 21 U.S.C. §§ 952 and 960, pursuant to a conditional plea agreement. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Varela’s argument that 21 U.S.C. § 960 is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), is foreclosed by our recent decisions in United States v. Mendozar-Paz, 286 F.3d 1104, 1109-10 (9th Cir. 2002) (applying United States v. Buckland, 277 F.3d 1173 (9th Cir.2002) (en banc), 1 to hold that § 960 is constitutional).

The district court did not err by concluding that the government was not required to prove that Varela was aware of the type and quantity of the drug that he imported. We recently determined that “Apprendi did not change the long established rule that the government need not prove that the defendant knew the type and amount of a controlled substance that he imported or possessed; the government need only show that the defendant knew that he imported or possessed some controlled substance.” United States v. Carranza, 289 F.3d 634 , 2002 WL…