Rodriguez
United States v. Rodriguez
Opinion
Lead Opinion
MEMORANDUM **
Miguel Rodriguez appeals his conviction and the resulting 51-month sentence after he pleaded guilty to importing marijuana and possessing marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 952 & 960. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.
Rodriguez’s contention that 21 U.S.C. §§ 841 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. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002), and United States v. Buckland, 289 F.3d 558, 562 (9th *324 Cir.) (en banc), cert. denied, 535 U.S. 1105 , 122 S.Ct. 2314 , 152 L.Ed.2d 1067 (2002). His 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 (2002), overrules Buckland and Mendoza-Paz is foreclosed by our decision in United States v. Hernandez, 322 F.3d 592, 600-02 (9th Cir.2003).
Rodriguez further contends that the district court erred by (1) enhancing his offense level two points under U.S.S.G. § 3C1.2 for reckless endangerment during flight, and (2)…