Sanchez-Hernandez

MEMORANDUM **

Reymundo Sanchez-Hernandez appeals his conviction of possession with intent to distribute methamphetamine, distribution of methamphetamine, and conspiracy to distribute and import methamphetamine. 21 U.S.C. §§ 841 (a)(1), 846, 952, 960 and 963 and 18 U.S.C. § 2 . He contends, first, that the district court erred in admitting testimony about violence he inflicted on his wife because it was “other crimes” evidence; and, second, that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), §§ 841 and 960 are unconstitutional and that the drug statutes require proof that Sanchez-Hernandez knew the type and quantity of drugs involved. The government cross-appeals the sentence. We affirm the conviction and remand for resentencing.

We have jurisdiction over Sanchez-Hernandez’s appeal and the government’s cross-appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).

SANCHEZ-HERNANDEZ’S APPEAL

I. Sanchez-Hernandez contends that the district court erroneously admitted testimony that the defendant twice threatened to kill Nancy Reynaga, his wife and codefendant, in an attempt to make her confess that she had tipped off the police to the…