United States v. Fernandez

PER CURIAM: *

Rodney Jordan Fernandez appeals his guilty-plea conviction of illegal reentry after deportation, for which he was sen tenced to 70 months of imprisonment, three years of supervised release, and a $100 special assessment.

Fernandez argues for the first time on appeal that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(a) and (b) are unconstitutional. He acknowledges that his argument is foreclosed, but he seeks to preserve the issue for possible Supreme Court review in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As…