United States v. Evelyn Jimenez

OPINION

WARDLAW, Circuit Judge.

Evelyn Jimenez appeals her conviction and sentence for importation and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 952, 960, and 841(a)(1). Jimenez’s principal contention is that the district court erred by enhancing her sentence pursuant to United States Sentencing Guidelines . (“U.S.S.G.”) § 3B1.4, for use of a minor to commit a crime, and § 3C1.1, for obstruction of justice. She also argues that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), rendered 21 U.S.C. §§ 841 and 960 unconstitutional;…