Grimm

MEMORANDUM **

Appellant Donald Allen Grimm appeals the 120-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.

Grimm 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.

*983 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 Grimm’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 two-level upward adjustment under U.S.S.G. § 2Dl.l(b)(l) for possession of a dangerous weapon was proper. This court has repeatedly held that conduct underlying dismissed charges can be considered as relevant conduct and…