U.S. v. Aispuro

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Alejandro AISPURO…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 19, 2002

46 F. App'x 537 (9th Cir. 2002)

Opinion

46 Fed.Appx. 537 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Alejandro AISPURO, Defendant--Appellant. No. 01-50380. D.C. No. CR-00-03771-JTM. United States Court of Appeals, Ninth Circuit. September 19, 2002

Submitted September 9, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California, Jeffrey T. Miller, District Judge, Presiding.

Before HUG, O'SCANNLAIN, and TASHIMA, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Alejandro Aispuro appeals the 12-month sentence imposed following his guilty plea conviction for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Aispuro's contention that section 960 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is foreclosed by our decision in United States v. Mendoza-Paz, 286 F.3d 1104, 1109-1111 (9th Cir.2002).

AFFIRMED.