MEMORANDUM ***

Jose Luis Perez-Gutierrez appeals his conviction pursuant to a conditional guilty plea and his sentence for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Perez-Gutierrez’s argument that 21 U.S.C. § 960 is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is foreclosed by United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir. 2002).

His argument that the government must prove that Perez-Gutierrez knew the type and quantity of drugs he was importing is foreclosed by United States v. Carranza, 289 F.3d 634, 644 (9th Cir. 2002).

AFFIRMED.