United States v. Levi

*404 MEMORANDUM **

Appellant Richard Levi appeals the 240-month sentence he received for his conviction of possession with intent to distribute in excess of 50 grams of methamphetamine, in violation of 21 U.S.C. § 841 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Levi has waived his right to appeal his sentence. Even if we were to find his waiver invalid, his appeal would fail on the merits for the reasons set forth below.

This court’s recent en banc opinion in U.S. v. Buckland, 289 F.3d 558, 563 (9th Cir.2002), cert. denied, — U.S. -, 122 S.Ct. 2314 , 152 L.Ed.2d 1067 (2002), disposes of Levi’s facial challenge to the constitutionality of § 841 generally and the 20-year mandatory minimum sentence of § 841(b)(1)(A) specifically, as Buckland upheld the facial constitutionality of § 841 against a similar challenge based on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000).

The seven-level career offender enhancement pursuant to U.S.S.G. § 4B1.1 did not violate the principles of Apprendi. Apprendi specifically exempts prior convictions from its reach. Apprendi, 530 U.S. at 490 , 120 S.Ct. 2348 . Moreover,…