MEMORANDUM **

Michael Ioane appeals his conviction, pursuant to a guilty plea, and sentence for *560conspiracy to possess, and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1).

Ioane’s sole contention that 21 U.S.C. § 841 is facially unconstitutional is foreclosed by our recent decision in United States v. Buckland, 289 F.3d 558 (9th Cir.) (en banc), cert, denied, — U.S.-, 122 S.Ct. 2314,152 L.Ed.2d 1067 (2002).

AFFIRMED.