Frye

SUPPLEMENTAL MEMORANDUM **

Defendant challenges his sentence and guilty plea to violating 21 U.S.C. § 841 (a)(1) on several grounds. We resolved his claims unrelated to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), in an earlier memorandum disposition, and ordered the remaining issues deferred pending resolution of United States v. Buckland, 277 F.3d 1173 (9th Cir.2002) (en banc), which held that 21 U.S.C. § 841 (a)(1) is constitutional.

“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.” United States v. Carranza, 289 F.3d 634 (9th Cir.2002). The government only needs to show “that the defendant knew that he imported or possessed some controlled substance.” Id. at 643 .

Defendant also argues that he never pled to the quantity alleged in the indictment, because his plea only admitted what everyone understood were the elements of *112 the offense, which, at the time (pre-Apprendi), did not include the nature or quantity of the drugs. As a result, defendant argues, any sentence based on facts not admitted in the…