Hernandez

MEMORANDUM **

Raul Lima Hernandez appeals his 107-month sentence following conviction by guilty plea for conspiracy to distribute controlled substances, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Hernandez contends that the district court erred by: (1) failing to advise him that drug quantity would have to be proved beyond a reasonable doubt, pursuant to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) and its progeny; and (2) failing to warn him that his factual admissions at the change of plea would be used to impose a sentence greater than that allowed by the offense of conviction. Hernandez is mistaken.

The indictment charged Hernandez with a single count of conspiracy to distribute three specified types of drugs, in specified quantities which exposed him to a statutory sentence of ten years to life in prison. See 21 U.S.C. § 841 (b)(1)(A). In the plea agreement, at the plea hearing, and in his sentencing papers, Hernandez stipulated that, as part of the conspiracy, he possessed with intent to distribute 632 grams of cocaine base. Apprendi is not implicated by his stated wish to litigate…