Jusaino-Gomez

MEMORANDUM **

Defendant Gonzalo Jusaino-Gomez appeals his conviction after a jury trial of Conspiracy to Possess with Intent to Distribute Marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(vii), and 846; Possession with Intent to Distribute Marijuana, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(B)(vii); and Illegal Re-Entry after Deportation, in violation of 8 U.S.C. § 1326 (a), (b)(1). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court did not err in refusing to give Jusaino-Gomez’s requested jury instruction based on United States v. Palafox-Mazon, 198 F.3d 1182 (9th Cir.2000). The jury was properly instructed *43 on the statutory liability of a co-conspirator. See Pinkerton v. United States, 328 U.S. 640, 647-48 , 66 S.Ct. 1180 , 90 L.Ed. 1489 (1946). The statutory drug quantity found by the jury exposed Jusaino-Gomez to a maximum statutory sentence of forty years of imprisonment. See 21 U.S.C. § 841 (b)(1)(B)(vii). Jusaino-Gomez’s sentence of eighty-two months was well below that statutory maximum and Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), was not, therefore, violated. See United States v.…