Cortez

MEMORANDUM **

Craig Cortez appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion. A jury convicted Cortez of conspiracy to distribute marijuana and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), 846. Cortez argues that the 135-month sentence imposed following his convictions violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the jury did not determine drug quantity. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We affirm because any Apprendi error in this case was “harmless beyond a reasonable doubt.” United States v. Smith, 282 F.3d 758, 771-72 (9th Cir.2002). Count 2 of the indictment alleged that Cortez possessed 204.09 kilograms of mari *764 juana, and he stipulated at trial that that was the amount of marijuana involved. As a result of the Count 2 conviction, which was predicated on this quantity of marijuana, Cortez was eligible for a 135-month sentence. 21 U.S.C. § 841 (b)(vii) (making people convicted of possessing more than 100 kilograms of marijuana eligible to be sentenced to 40 years in prison). The district court correctly determined that Cortez’s §…