Reyty

MEMORANDUM **

Peter Benjamin Revty appeals his conviction and forty-one month sentence imposed following his conditional guilty plea to one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. Revty’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record. Revty has not filed a pro se supplemental brief.

Counsel mentions two potential issues for review, the first challenging the constitutionality of 21 U.S.C. §§ 952 and 960 in *803 light of Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This contention is foreclosed by our decisions upholding these statutes despite Apprendi. See United States v. Varela-Rivera, 279 F.3d 1174 , 1175 n. 1 (9th Cir.2002), and United States v. Men-dozar-Paz, 286 F.3d 1104,1109-10 (9th Cir. 2002).

Counsel next mentions the potential issue of whether Revty was wrongly denied a timely preliminary hearing in violation of Rule 5 of the Federal Rules of Criminal Procedure. Because the transcript reveals that on the day of his scheduled preliminary hearing, Revty explicitly agreed to a…