Court of Appeals for the Ninth Circuit June 19, 2002, No. 01-50312; D.C. No. CR-00-00896-BTM (United States v. Lara-Esquivel)

MEMORANDUM**

Santiago Lara-Esquivel appeals his conviction by guilty plea and sentence for one count of importation of heroin, in violation of 21 U.S.C. §§ 952 and 960. Lara-Es-quivel’s contention that section 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, 1109-11 (9th Cir.