Flores

MEMORANDUM **

Joanna Flores appeals her conviction by guilty plea, and 8 month sentence for one count of importation of a controlled substance in violation of 21 U.S.C. § 960 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a challenge to the constitutionality of a statute de novo, United States v. Harris, 185 F.3d 999, 1003 (9th Cir.1999), and we affirm.

Flores contends that 21 U.S.C. § 960 , the statute under which she was convicted, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This contention is foreclosed by our recent decision in United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002) (concluding that § 960 is not facially unconstitutional).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the *523 courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.