Magana

MEMORANDUM

On Remand from the United States Supreme Court

Defendants Magana and Alcantar were indicted for conspiracy to manufacture, *4 distribute, and possess methamphetamine with intent to distribute; they were also indicted for aiding and abetting the manufacture of methamphetamine and the possession of methamphetamine with the intent to distribute. Both Magana and Alcantar were convicted, Alcantar pursuant to a guilty plea. Magana appealed his conviction, and Alcantar appealed the judgment entered pursuant to his guilty plea.

On July 12, 2000, this Court filed a memorandum disposition affirming the district court’s decisions with respect to both Magana and Alcantar. About five months later, on January 8, 2001, the Supreme Court vacated our decision and remanded for reconsideration in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Magana v. United States, 531 U.S. 1063 , 121 S.Ct. 751 , 148 L.Ed.2d 655 (2001). The parties filed briefs with this Court accordingly.

The Apprendi issue raised in this case is whether the penalty provision of the federal drug statute under which the defendants were sentenced — namely, 21 U.S.C. § 841 —…