United States v. Jesus Adrian Beng-Salazar

PAEZ, Circuit Judge.

Jesus Adrian Beng-Salazar (“Beng”) appeals his conviction and sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326. In a separate memorandum, we affirm Beng’s conviction. In this opinion, we consider Beng’s arguments that his sentence violated the Sixth Amendment and ran afoul of the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Beng was sentenced under the now-defunct mandatory Guidelines regime. We hold that Beng’s timely Sixth Amendment objections, based on Apprendi v. New Jersey,…