Carillo

MEMORANDUM **

Defendant Sergio Carillo appeals his conviction for conspiracy and possession with intent to distribute between 100 and 999 kilograms of marijuana. Carillo raises two claims under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000): first, that the district court erred in faffing to instruct the jury that the government was required to prove beyond a reasonable doubt that the quantity of marijuana concealed in the boat exceeded 100 kilograms, and second, that his conviction should be reversed because 21 U.S.C. § 841 is unconstitutional. Carillo also contends that there was insufficient evidence to convict him of conspiracy and possession with intent to distribute marijuana. We affirm. Because the parties are familiar with the facts, we will refer to them only as necessary to explain our disposition.

A. Apprendi Claims

1. Unconstitutionality of 21 U.S.C. § 841

Carillo’s contention that his conviction should be reversed because 21 U.S.C. § 841 is unconstitutional is precluded by our en banc decision in United States v. Buckland, 289 F.3d 558, 564-67 (9th Cir.) (en banc), cert. denied, — U.S. —, 122 S.Ct. 2314 , 152 L.Ed.2d 1067…