32 F. App'x 969

UNITED STATES of America, Plaintiff-Appellee, v. Shawn LUNDY, Defendant-Appellant.

No. 01-30006.

D.C. No. CR-00-00283-P.

United States Court of Appeals, Ninth Circuit.

Submitted April 8, 2002.*

Decided April 16, 2002.

Before BROWNING, KLEINFELD, and GOULD, Circuit Judges.

MEMORANDUM**

Shawn Lundy appeals the 120-month sentence imposed by the district court following his guilty plea conviction for manufacture of 1,000 marijuana plants and money laundering, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 1956(a)(l)(A)(i), respectively. We have jurisdiction pursuant to 18 U.S.C. § 3742, and we affirm.

Lundy contends that, under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), section 841(b)(l)(A)(vii) is unconstitutional on its face. This contention is foreclosed by our recent decision in United States v. Buckland, 277 F.3d 1173, 1177, 1187 (9th Cir. 2002) (en banc) (concluding that section 841 is not facially unconstitutional).

AFFIRMED.

United States v. Lundy
32 F. App'x 969

Case Details

Name
United States v. Lundy
Decision Date
Apr 16, 2002
Citations

32 F. App'x 969

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United States

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