Savchenko

MEMORANDUM **

Viktor Savchenko appeals from the 300-month sentence imposed on resentencing, following his jury-trial conviction for conspiracy to possess cocaine on board a vessel, and possession of cocaine with intent to distribute on board a vessel, both in violation of 46 U.S.C. § 1903 (a)(c)(l)(C)(f), and aiding and abetting, in violation of 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Savchenko contends that the district court violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by enhancing his sentence based on its own factual findings regarding: (1) the quantity of drugs; and (2) his role as the captain of a vessel carrying a controlled substance. This contention is foreclosed because none of the district court’s factual findings raised the statutory maximum sentence set forth in 21 U.S.C. § 960 (b). See United States v. Booker, 543 U.S. 220, 233-34 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); United States v. Moreland, 509 F.3d 1201, 1219-21 (9th Cir.2007).

Savchenko further contends that this Court cannot review his sentence for reasonableness without itself violating Apprendi . This contention…