Court of Appeals for the Ninth Circuit November 15, 2005, No. 04-10533 (United States v. Rivera-Ochoa)

MEMORANDUM **

Miguel Rivera-Ochoa appeals his sentence imposed following his guilty plea to possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He contends that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.