MEMORANDUM **

Eddie Reyes-Rodríguez appeals his conviction and 10-month prison sentence imposed following his guilty plea to importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Reyes-Rodriguez contends that 21 U.S.C. §§ 952 and 960 are unconstitutional pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Our holdings in United States v. Mendoza-Paz, 286 F.3d 1104, 1110 (9th Cir. 2002) (§ 960), and United States v. Varela-Rivera, 279 F.3d 1174, 1175 n. 1 (9th Cir. 2002) (§ 952) foreclose this argument.

*587In the alternative, Reyes-Rodriguez contends that the government was required to allege in the indictment that Reyes-Rodriguez knew the type and quantity of controlled substance he was alleged to have imported. This contention fails based on our holding in United States v. Carranza, 289 F.3d 634, 643 (9th Cir. 2002) (holding that Apprendi does not require the government to prove that defendant knew type and amount of controlled substance).

AFFIRMED.