United States v. Murillo-Lopez

OWEN, Circuit Judge:

Gustavo Murillo-Lopez pleaded guilty to illegally reentering the United States after having been deported, in violation of 8 U.S.C. § 1326. Murillo-Lopez appeals his sentence, including a sixteen-level “crime of violence” enhancement, on the following grounds: (1) the sentence-enhancement provisions in 8 U.S.C. § 1326(b) are unconstitutional, (2) the district court erroneously sentenced him under the mandatory sentencing guidelines regime found unconstitutional in United States v. Booker, 1 and (3) the district court erroneously concluded that Murillo-Lopez’s 2003 burglary…