Ortega-Amaro

MEMORANDUM **

Defendant Silverio Ortega-Amaro appeals his conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 846 , 841(a)(1). We affirm.

Defendant argues that his indictment was deficient because it failed to plead a nexus between the cocaine distribution conspiracy and interstate commerce. We have consistently rejected this argument. See United States v. Fernandez, 388 F.3d 1199, 1219 (9th Cir.2004) (holding that “no proof of an interstate nexus is required in order to establish jurisdiction of the subject matter in most prosecutions under 21 U.S.C. § 841 (a)(1)”) (internal quotations omitted); United States v. Tisor, 96 F.3d 370, 374-75 (9th Cir.1996) (upholding a conviction for intrastate distribution and sale of methamphetamine under the Controlled Substances Act in part because Congress expressly found that intrastate drug trafficking substantially affects interstate commerce).

Defendant’s arguments based on Raich v. Ashcroft, 352 F.3d 1222 (9th Cir.2003), cert. granted, — U.S. -, 124 S.Ct. 2909 , 159 L.Ed.2d 811 (2004), are similarly unavailing. Raich dealt with “the intrastate, noncommercial cultivation and possession of cannabis for personal…