Ibarra-Rosas

MEMORANDUM ***

Appellant Cosmé Ibarra-Rosas challenges his 240-month prison sentence for his conviction of one count of conspiracy to export cocaine. He was originally sentenced to 360 months in prison but was resentenced after appeal pursuant to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). See United States v. Ibarra-Rosas, 17 Fed. Appx. 565 (9th Cir.2001). The appellant contends that the new sentence still violates Apprendi and that the district court erred in applying various sentence enhancements.

I. Alleged Apprendi Violation

Because the appellant failed to object to the district court’s determination that factual issues relevant to sentencing did not need to be submitted to the jury, his sentence is reviewed for plain error, under which he “must establish an error, that was plain, and that affected his substantial rights. If [the appellant] makes this showing, we may exercise our discretion to correct the error only if we conclude that it seriously affects the fairness, integrity, or public reputation of judicial proceedings.” United States v. Buckland, 289 F.3d 558, 563 (9th Cir.2002) (en banc) (citation and internal quotation marks…