Alcala-Navarro

MEMORANDUM **

In this consolidated appeal, Victor Manuel Alcala-Navarro appeals his convictions and sentences for conspiracy to aid and abet the distribution of cocaine in violation of 21 U.S.C. § 846 , money laundering in violation of 18 U.S.C. § 1956 (a), and conspiracy to launder money in violation of 18 U.S.C. § 1956 (h). We have jurisdiction under 18 U.S.C. § 3742 , and we affirm.

First, Alcala-Navarro contends that his sentences must be vacated because 21 U.S.C. § 841 is facially unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This argument is foreclosed by United States v. Buckland, 289 F.3d 558, 562 (9th Cir.) (en banc), cert. denied, - U.S. -, 122 S.Ct. 2314 , 152 L.Ed.2d 1067 (2002). Alternatively, Alcala-Navarro contends that(#§§ 841(b)(1)(A) and (B) are unconstitutional provisions because the judge’s factual findings at sentencing were based on a preponderance of the evidence. This argument also fails under Buckland. Id. at 564-67.

Finally, Alcala-Navarro contends that the district court plainly erred in sentencing him above the default maximum sentence for a crime involving an indeterminate quantity because the…