Ramirez

MEMORANDUM **

Lasaro Ramirez pled guilty to one count of importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. At sentencing, Ramirez moved to dismiss the indictment in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). The district court denied the motion and sentenced Ramirez to 24 months in prison and three years of supervised release. Ramirez appeals, and we affirm.

We review the sufficiency of an indictment de novo. United States v. Pernillo-Fuentes, 252 F.3d 1030, 1032 (9th Cir. 2001). Ramirez argues that the district court should have dismissed the indictment because the drug statutes under which he was indicted, 21 U.S.C. §§ 952 and 960, are unconstitutional under Apprendi . That argument, however, is foreclosed by our recent decisions in United States v. Buckland, 277 F.3d 1173 (9th Cir.2002) (en banc), and United States v. Mendoza-Paz, 286 F.3d 1104 (9th Cir.2002).

Ramirez also argues that, under Apprendi , the government was required to charge in the indictment, as a material element of the offense, his knowledge of the specific type and quantity of drugs. We recently held in United…