Zacarias-Ortiz

MEMORANDUM **

Miguel Angel Zacarias-Ortiz appeals the judgment and sentence for one count of conspiring to manufacture and distribute methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1). We have jurisdiction and we affirm.

Zacarias-Ortiz’s waiver of a jury trial was knowing and voluntary. He did not have to be advised that the jury would come from the community or that he could participate in its selection. Zacarias-Ortiz and counsel signed a written waiver, and the oral colloquy was adequate to ensure Zacarias-Ortiz’s understanding of the waiver. See United States v. Duarte-Hi-gareda, 113 F.3d 1000, 1003 (9th Cir.1997); United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985). The record reflects that an interpreter was present and assisted him. Nor is the waiver invalid in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); Apprendi has nothing to do with whether the case will be tried to a jury or to the judge.

Zacarias-Ortiz’s argument that Apprendi renders 21 U.S.C. §§ 846 and 841(a)(1) facially unconstitutional is foreclosed by United States v. Buckland, 289 F.3d 558, 563-68 (9th Cir.2002) (en banc). His claim that the…