U.S. v. Prieto-Vega

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Jose PRIETO-VEGA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 31, 2002

43 F. App'x 146 (9th Cir. 2002)

Opinion

43 Fed.Appx. 146 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Jose PRIETO-VEGA, Defendant--Appellant. No. 02-50011. 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NOT FOR PUBLICATION.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; Barry T. Moskowitz, District Judge, Presiding. D.C. No. CR-01-01858-BTM.

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.

Jose Prieto-Vega 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. Prieto-Viega's contention that he was indicted, convicted, and sentenced pursuant to unconstitutional statutes is foreclosed by United States v. Mendoza-Paz, 286 F.3d 1104, 1109-119 (9th Cir.2002), and United States v. Varela-Rivera, 279 F.3d 1174, 1175 n. 1 (9th Cir.2002). His contention that the statutes' mens rea requirement applies to drug type and quantity is foreclosed by United States v. Carranza, 289 F.3d 634, 644 (9th Cir.2002).

AFFIRMED.