United States v. De La Cerda-Guerrero

PER CURIAM.*

Francisco De La Cerda-Guerrero appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. De La Cerda-Guerrero contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) are unconstitutional. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. De La Cerda-Guerrero maintains that he pleaded guilty to an indictment which charged only simple reentry under…