Pak

MEMORANDUM **

Defendant Jae Jun Pak pleaded guilty to conspiracy to import over fifty grams of methamphetamine in violation of 21 U.S.C. §§ 952 (a), 960, and 963. Pak appeals his conviction and sentence, arguing that the district court violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by failing to inform him of his right to a jury determination of drug quantity beyond a reasonable doubt. He also claims the district court relied upon an erroneous fact in denying his motion for a downward departure based on coercion and duress in accordance with U.S.S.G § 5K2.12.

*886 Pak’s constitutional right to have a jury determine the drug quantity was not infringed, because the plea agreement recited the elements of the charge against him, including drug quantity, and stated that all of these elements must be proved beyond a reasonable doubt. The elements of the charge were also discussed during the plea colloquy, when the district court advised him that he had the right to trial by jury. Pak knowingly and voluntarily signed the plea agreement and affirmed his understanding of the plea at the plea colloquy. United States v. Villalobos, 333 F.3d 1070,…