Rodriguez-Sanchez

MEMORANDUM **

Jose Guadalupe Rodriguez-Sanchez appeals his conviction and 8-month sentence imposed following his guilty plea conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 & 960. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

*952 Rodriguez-Sanchez lacks standing to challenge the district court’s calculation of his sentence because he has completed serving his sentence. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999); see also United States v. Johnson, 529 U.S. 53, 54 , 120 S.Ct. 1114 , 146 L.Ed.2d 39 (2000) (holding that time served in excess of prison sentence is not credited to the supervised release term).

Rodriguez-Sanchez’s contention that sections 952 and 960 are facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), is foreclosed by our decisions in United States v. Varela-Rivera, 279 F.3d 1174 , 1175 n. 1 (9th Cir.2002) and United States v. Mendoza-Paz, 286 F.3d 1104,1110 (9th Cir.2002).

Rodriguez-Sanchez’s contention that the Supreme Court’s decision in Harris v. United States, 536 U.S. 545 , 122 S.Ct. 2406 , 153 L.Ed.2d 524…