United States v. Gonzalez-Mata

PER CURIAM: *

Genaro Gonzalez-Mata pleaded guilty to one count of illegal reentry into the United *259States following deportation and after having been convicted of an “aggravated felony,” a violation of 8 U.S.C. § 1326(a) and (b). The district court sentenced him to 70 months in prison and a three-year term of supervised release. He argues for the first time on appeal that 8 U.S.C. § 1326(b) is unconstitutional on its face and as applied in his case because it does not require the fact of a prior felony or aggravated felony conviction to be charged in the indictment and proved beyond a…