Luis-Arias

MEMORANDUM **

Jose Luis-Arias appeals his jury trial conviction and seventy-month sentence for *926 one count of importing marijuana, in violation of 21 U.S.C. §§ 952 and 960, one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1), and one count of attempted re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Luis-Arias contends that the indictment was defective because it failed to allege the specific intent element of attempted reentry under 8 U.S.C. § 1326 (a). Because Luis-Arias challenges the sufficiency of the indictment for the first time on appeal, we review for plain error and construe the indictment liberally in favor of validity. See United States v. Godinez-Rabadan, 289 F.3d 630, 632 (9th Cir.2002). Based upon our review of the record, we conclude that Luis-Arias had sufficient notice that specific intent was an element of the offense. See United States v. Alber, 56 F.3d 1106, 1111-12 (9th Cir.1995).

Luis-Arias next contends that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000),…