Martinez

MEMORANDUM **

Jose Martinez challenges his sentence of twenty-four months for importation of marijuana in violation of 21 U.S.C. § 960 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez waived his right to appeal the district court’s two-point sentence enhancement under U.S. Sentencing Guideline § 3B1.4 by failing to raise it in his opening brief. ‘We ‘will not ordinarily consider matters on appeal that are not specifically and distinctly argued in appellant’s opening brief.’ ” 1 We conclude that the circumstances of this case do not warrant deviating from this general rule.

Although Martinez did not waive his right to challenge the constitutionality of 21 U.S.C. § 960 , 3 United States v. Mendoza-Paz 4 forecloses his argument.

His final argument, that § 960 requires knowledge of the type and quantity of the controlled substance at issue, fails as well. When drug quantity and type expose a defendant to a higher statutory maximum sentence than he would otherwise receive, knowledge and quantity must be charged and proved. 6 In circumstances such as these, however, when drug quantity and type did not expose a defendant to a higher maximum sentence,…