Real

MEMORANDUM *

Defendants-Appellants Noel Real (“Real”) and Francisco Gomez, Jr. (“Gomez”) appeal their convictions, after a jury trial, for importation of a controlled substance in violation of 21 U.S.C. §§ 952 and 960, and possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841 (a)(1).

1. The district court did not err when it denied defendants’ motions to dismiss the indictment. The drug statutes at issue do not offend the constitutional principles set forth in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because those statutes do not prohibit the jury from determining drug type and quantity. See United States v. Buckland, 277 F.3d 1173, 1180-83 (9th Cir.2002) (en banc); United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002). Neither does Apprendi require that the indictment allege or the government prove that the defendants knew the type and amount of the controlled substance they imported or possessed. See United States v. Carranza, 289 F.3d 634, 644 (9th Cir.2002). Additionally, the indictment need not allege aiding and abetting. Aiding and abetting is not an essential element of the…