United States v. Naranjo-Hernandez

PER CURIAM: *

Defendant-Appellant Juan NaranjoHernandez (Naranjo) appeals his guilty-plea conviction and sentence for illegal reentry following a prior deportation, in violation of 8 U.S.C. § 1326. For the first time on appeal, Naranjo argues that the sentencing provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Naranjo acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), but he seeks to preserve the issue…