Cortez v. United States
Cortez v. United States
Opinion of the Court
MEMORANDUM
Craig Cortez appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion. A jury convicted Cortez of conspiracy to distribute marijuana and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846. Cortez argues that the 135-month sentence imposed following his convictions violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the jury did not determine drug quantity. We have jurisdiction pursuant to 28 U.S.C. § 1291.
We affirm because any Apprendi error in this case was “harmless beyond a reasonable doubt.” United States v. Smith, 282 F.3d 758, 771-72 (9th Cir. 2002). Count 2 of the indictment alleged that Cortez possessed 204.09 kilograms of mari
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.