Hernandez

MEMORANDUM *

Luis Manuel Hernandez appeals his conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). He raises two arguments: first, the district court prejudicially admit *17 ted his prior conviction for possession for sale of cocaine base, and second, Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), requires a reversal of his convictions, because 21 U.S.C. §§ 841 , 952, and 960 are unconstitutional.

First, the district court properly admitted evidence of Hernandez’s prior conviction. Hernandez’s prior conviction is relevant because it tends to show knowledge, a material element of possession with intent to distribute marijuana. 21 U.S.C. § 841 (a)(1). It was not an abuse of discretion for the district court to determine that the prior conviction for possession of cocaine base for sale tended to prove that Hernandez knew that the car he was driving contained marijuana. United States v. Bibo-Rodriguez, 922 F.2d 1398, 1401-02 (9th Cir.1991). Furthermore, Hernandez presented a defense that he did not know the marijuana was in…