U.S. v. Hernandez

Full title: UNITED STATES OF AMERICA, Plaintiff--Appellee, v. Efrain HERNANDEZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 31, 2002

42 F. App'x 910 (9th Cir. 2002)

Opinion

42 Fed.Appx. 910 (9th Cir. 2002) UNITED STATES OF AMERICA, Plaintiff--Appellee, v. Efrain HERNANDEZ, Defendant--Appellant. No. 02-50012. D.C. No. CR-01-02299-TJW. United States Court of Appeals, Ninth Circuit. July 31, 2002

Submitted July 22, 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NOT FOR PUBLICATION.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, Thomas J. Whelan, District Judge, Presiding.

Before BROWNING, KOZINSKI, and BERZON, 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.

Efrain Hernandez appeals his conviction by guilty plea and sentence for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. Hernandez's contention that his conviction should be reversed because Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), renders §§ 952 and 960 unconstitutional is foreclosed by United States v. Mendoza-Paz, 286 F.3d 1104, 1109-11 (2002), and United States v. Varela-Rivera, 279 F.3d 1174, 1175 n. 1 (2002).

AFFIRMED.