Opinion of the Court — United States v. Nakata

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

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*512 MEMORANDUM ** Clyde K. Nakata appeals the 70-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), and use of a communication facility to facilitate same, in violation of 21 U.S.C. § 843 (b). We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, and we dismiss in part. Nakata contends that 21 U.S.C. § 841 is facially unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). This argument is foreclosed by United States v. Buckland, 289 F.3d 558, 571 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 2314 , 152 L.Ed.2d 1067 (2002) (as amended en banc) (upholding facial constitutionality of § 841). Nakata also argues that Apprendi requires knowledge of drug type and quantity are elements of his offense. We recently rejected this argument United States v. Carranza, 289 F.3d 634, 644 (9th Cir.2002) (holding that Apprendi does not change the “long established rule” that the government need only show that the defendant knew he imported or possessed some controlled substance). Nakata next challenges his sentence imposed under 21 U.S.…

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