Marmolejo-Rios

*181 MEMORANDUM *

Gilberto Marmolejo-Rios appeals from his conviction and sentence for the importation and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 952 , 960 and 841(a)(1). MarmolejoRios bases his appeal on four grounds: first, he argues that his prior conviction for drunk driving was improperly included in his criminal history calculation because he was not represented by counsel when he pleaded guilty to that crime; second, he maintains that the court erred when it adjusted his sentence upward for obstruction of justice; third, he argues that the district court’s grand jury instructions improperly limited the role of the grand jury; and fourth, he asserts that the statutes under which he was convicted are facially unconstitutional because they remove factual determinations from the jury. We find each of these claims to be without merit. Accordingly, we affirm MarmolejoRios’s conviction and sentence.

First, Marmolejo-Rios contends that his March 24, 1998 DUI conviction is not valid and should not have been included in the determination of his criminal history level for sentencing because he did not have the benefit of counsel and was not…