Opinion of the Court — United States v. Alvarez-Robles

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Type: Opinion of the Court
Filed: June 14, 2002
Case: United States v. Alvarez-Robles
Case status: Decided

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MEMORANDUM ** Everado Alvarez-Robles appeals the judgment entered by the district court following his guilty plea to importation of cocaine, in violation of 21 U.S.C. §§ 952 , and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Alvarez-Robles contends that 21 U.S.C. § 960 , the statute under which he was convicted, is unconstitutional after Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This contention is foreclosed by our recent decision in United States v. Mendoza-Paz, 286 F.3d 1104, 1109-10 (9th Cir.2002) (concluding that § 960 is not facially unconstitutional). 1 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. . Alvarez-Robles further contends that the government was required to prove that he knowingly imported 42 kilograms of cocaine. Alvarez-Robles raises this contention for the first time in his reply brief, failing to properly present the claim. See United States v. Wright, 215 F.3d 1020 , 1030 n. 3 (9th Cir.), cert. denied, 531 U.S. 969 , 121 S.Ct. 406 , 148 *884 L.Ed.2d 313 (2000). Nonetheless…

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