United States v. Barahona-Mejia

PER CURIAM: *

Barahona-Mejia appeals his sentence following his guilty plea to a charge of illegal reentry after deportation in violation of 8 U.S.C. § 1326. We affirm in part and remand for the limited purpose of consideration by the district court of whether it will impose a different sentence under the now-advisory sentencing guidelines and resentencing as necessary.

First, Barahona-Mejia argues that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersy, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This…