Joubert

MEMORANDUM **

Hurist Joubert appeals pro se the district court’s denial of his 18 U.S.C. § 3582 (c)(2) motion to correct his 210-month sentence, imposed following his conviction for distributing cocaine and crack cocaine. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing for abuse of discretion, United States v. Sprague, 135 F.3d 1301, 1304 (9th Cir.1998), we affirm.

Joubert first contends that the district court lacked jurisdiction to sentence him because the indictment did not charge 21 U.S.C. § 841 (b), the penalty provision of his offense, nor did it allege the drug type and quantities involved. Joubert’s contention has been foreclosed by United States v. Cotton, — U.S. -,-- -, 122 S.Ct. 1781, 1784-85 , 152 L.Ed.2d *116 860 (2002) (deciding that failure to include in an indictment a fact that enhances the statutory maximum does not deprive a court of jurisdiction, but goes only to the merits of the case); ef. United States v. Mendoza-Paz, 286 F.3d 1104, 1110-11 (9th Cir.2002) (finding no error where district court determined drug quantity by preponderance of evidence and sentenced defendant below 20-year statutory maximum under 21 U.S.C. § 841…