West

MEMORANDUM **

Defendant appeals his sentence of 121 months of imprisonment after pleading guilty to conspiring to possess with intent to distribute more than 100 grams of methamphetamine in violation of 21 U.S.C. §§ 841 and 846 and to receiving drug proceeds through Western Union in violation of 18 U.S.C. § 1956 (a)(1)(A)© and (2). We affirm his sentence.

As the parties are familiar with the facts, we discuss only those necessary to our disposition.

1. Alleged Apprendi Error

Defendant contends that his sentence under 21 U.S.C. §§ 841 and 846 was unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the district court did not determine the quantity of drugs beyond a reasonable doubt. Defendant pled guilty to conspiring to possess with intent to distribute more than 100 grams of methamphetamine, as alleged in the indictment.

*78 When the drug quantity exposes a defendant to a higher statutory maximum sentence than he would otherwise receive, Rule 11(c)(1) and due process require the district court to advise the defendant that the government would have to prove drug quantity to the jury beyond a reasonable doubt. United…