United States v. Robles-Vertiz

WIENER, Circuit Judge:

This matter is before us on remand from the Supreme Court for reconsideration in light of United States v. Booker. 1 At our request, the parties have commented on the impact of Booker. We conclude that Booker does not affect the sentence received by Defendanb-Appellant Jose Luis Robles-Vertiz.

I. FACTS AND PROCEEDINGS

Robles-Vertiz pleaded guilty to and was convicted of being in the United States illegally after removal, in violation of 8 U.S.C. § 1326(a). Standing alone, a § 1326(a) offense carries a maximum penalty of two years’ imprisonment and one year of supervised…