United States v. Torres-Meza
United States v. Torres-Meza
Opinion of the Court
MEMORANDUM
Damian Torres-Meza appeals from his guilty-plea conviction and 121-month sentence imposed for conspiracy to distribute and distribution of methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. Pursuant to Anders v. California, 386 U.S.
Torres-Meza filed a pro se supplemental brief in which he contends that his sentence and conviction violate the dictates of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). These contentions lack merit. We recently upheld the constitutionality of 21 U.S.C. § 841 in United States v. Buckland, 289 F.3d 558 (9th Cir. 2002) (en banc). Additionally, Torres-Meza’s 121-month sentence does not run afoul of Apprendi because it falls substantially below the 20-year statutory maximum sentence applicable where an indictment fails to state any quantity of narcotic involved. See 21 U.S.C. § 841(b)(1)(C) (prescribing not more than twenty years for distribution of a detectable amount of a schedule II controlled substance, including methamphetamine); see also United States v. Garcia-Guizar, 227 F.3d 1125, 1129 (9th Cir. 2000) (holding that Apprendi does not require reversal when defendant’s sentence is less than the statutory maximum for the offense of conviction).
Having conducted an independent review of the record pursuant to Benson v. Ohio, 488 U.S. 75, 83-84,109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we conclude that there are no arguable appellate issues on direct appeal.
Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.
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.
. Torres-Meza additionally contends that his plea was not knowing and voluntary because he was unaware that the government was required to prove drug type and quantity beyond a reasonable doubt. To the extent that this argument raised for the first time in Torres-Meza’s pro se supplemental reply brief is properly before us, we conclude that it lacks merit. The district court conducted a thorough Rule 11 colloquy; Torres-Meza was represented by counsel and had sufficient awareness of the charges and potential consequences to render his guilty plea voluntary and intelligent.
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