United States v. Adrian Perez-Ramirez

BOWMAN, Circuit Judge.

Adrian Perez-Ramirez appeals from the sentence imposed by the District Court 1 following his guilty plea to the offense of illegal re-entry after deportation. See 8 U.S.C. § 1326(a) (2000). We affirm.

Perez-Ramirez argued at sentencing that the United States Sentencing Guidelines were unconstitutional in light of the Supreme Court’s holding in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). He therefore preserved an appeal of his sentence under the Supreme Court’s holding in United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621…