Heras-Montoya

MEMORANDUM **

Juan Heras-Montoya appeals his conviction, following a guilty plea, for importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960.

Heras-Montoya’s contention that 21 U.S.C. §§ 952 and 960 are facially unconstitutional following Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and that United States v. Harris, 536 U.S. 545 , 122 S.Ct. 2406 , 153 L.Ed.2d 524 (2002), overrules United States v. Buckland, 289 F.3d 558 , 562 (9th Cir.) (en banc), cert. denied, 535 U.S. 1105 , 122 S.Ct. 2314 , 152 L.Ed.2d 1067 (2002), and United States v. Mendoza-Paz, 286 F.3d 1104 (9th Cir.), cert. denied, — U.S. -, 123 S.Ct. 573 , 154 L.Ed.2d 459 (2002), is foreclosed by United States v. Hernandez, 322 F.3d 592 (9th Cir.2003). Heras-Montoya’s contention that the indictment was defective because it did not allege that Heras-Montoya had the mens rea as to the drug type and quantity is foreclosed by United States v. Carranza, 289 F.3d 634 (9th Cir.), cert. denied, — U.S.-, 123 S.Ct. 572 , 154 L.Ed.2d 458 (2002). Heras-Montoya’s conviction is

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts…