Renteria

MEMORANDUM *

Hector Precadio Renteria (“Renteria”) appeals his conviction for conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Renteria argues that the district court erred in finding that he lacked standing to contest the legality of the search in which the cocaine was discovered. Renteria also argues that because the drug quantity was not submitted to the jury and proved beyond a reasonable doubt, his sentence was imposed in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Renteria further claims that the district court’s finding of drug quantity by a preponderance of the evidence violated the constitutional rule announced in Ap-prendi because it resulted in an increase in the statutory minimum sentence to which he was subject. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Standing To Contest The Search

The district court’s finding that Renteria went to the 60th Street house solely to view the drugs was not clearly erroneous. Co-defendant Sergio Renteria’s Memorandum of Points and Authorities in support of his motion to suppress states, “The…