United States v. Castillo-Bustamante

PER CURIAM: *

Armando Castillo-Bustamante (Castillo) pleaded guilty to illegally reentering the United States after having been deported and after having been convicted of an “aggravated felony,” a violation of 8 U.S.C. § 1326(a) and (b). The district court sen*735tenced him to an 18-month prison term and to two years of supervised release.

For the first time on appeal, Castillo argues that 8 U.S.C. § 1326(b) is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it does not require the fact of a prior felony or aggravated-felony conviction…