Villareal-Rodriguez
United States v. Villareal-Rodriguez
Opinion
Lead Opinion
MEMORANDUM **
Martiniano Villareal-Rodriguez appeals the 120-month sentence imposed following a jury trial in which he was convicted of one count of conspiracy to import marijuana in violation of 21 U.S.C, §§ 952 and 960; one count of conspiracy to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1); three counts of importation of marijuana in violation of 21 U.S.C. §§ 952 , 960 and 18 U.S.C. § 2 ; and three counts of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Villareal-Rodriguez’s contention based on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), lacks merit because his sentence of 120 months imprisonment is below the 30 year statutory maximum he would have faced pursuant to 21 U.S.C. § 841 (b)(1)(C), for his stipulation to 91 kilograms of marijuana. See United States v. Mendozar-Paz, 286 F.3d 1104, 1110-11 (9th Cir.2002) (holding that since drug quantity did not increase the penalty beyond the prescribed statutory maximum, Apprendi did not require this fact to be determined by the jury)-