Maldonado-Gomez

MEMORANDUM **

Oscar Maldonado-Gomez appeals from his 51-month sentence imposed after his guilty plea to possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Appellant contends that the district court erred in finding his statutory sentencing range to be five to forty years based on a finding that the quantity of marijuana involved was 212 kilograms when such quantity was not charged in the indictment nor proven beyond a reasonable doubt, in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Similarly, appellant also contends that the drug quantity used to determine his sentencing guidelines range violated his Sixth Amendment right *473 because it was not charged in the indictment nor proven beyond a reasonable doubt. We disagree.

Appellant waived his right to a jury determination by admitting in his guilty plea to the specific quantity of marijuana involved in the offense and acknowledging that his statutory sentencing range was five to forty years. See United States v. Silva, 247 F.3d 1051, 1059-60 (9th Cir. 2001). Accordingly, there…