Hernandez

*638 MEMORANDUM **

Saul Hernandez appeals from his jury-trial conviction and 12-months and 1-day sentence imposed for importing marijuana into the United States, in violation of 21 U.S.C. §§ 952 and 960, and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Hernandez contends the district court erred by failing to suppress his confession as the fruit of an unlawful arrest. We review de novo a district court’s denial of a motion to suppress. United States v. Wright, 215 F.3d 1020,1025 (9th Cir.2000). We need not reach the issue of whether Hernandez was unlawfully arrested because probable cause was independently established prior to any questioning. Accordingly, Hernandez’s statement was not the fruit of an illegal arrest, and the district court did not erroneously deny the motion to suppress. See United States v. Manuel, 706 F.2d 908, 911-12 (9th Cir.1983).

Hernandez also contends that the district court erred by denying his motion to dismiss the indictment because 21 U.S.C. §§ 841 , 952 and 960 are unconstitutional pursuant to Apprendi v. New Jersey,…