United States v. Rodriguez-Santos

PER CURIAM: *

Armando Rodriguez-Santos appeals his guilty-plea conviction and 37-month sentence for illegal reentry. He argues that the district court violated the spirit of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when it sentenced him after appearing to disagree with the Guidelines and that the district court mistakenly believed that the Guidelines were mandatory. He also argues that the enhancement provisions of 8 U.S.C. § 1326(b) are unconstitutional in the light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Rodriguez-Sa…