United States v. Cantu-Rios

PER CURIAM: *

Oscar Cantu-Rios pleaded guilty to violating 8 U.S.C. § 1326(a) and (b) by being found in the United States, without permission, following his conviction of an aggravated felony and subsequent deportation. The district court sentenced him to serve 46 months of imprisonment and two years of supervised release.

*745For the first time on appeal, Cantu-Rios argues that the “felony” and “aggravated felon/’ provisions set forth in 8 U.S.C. § 1826(b)(1) and (2) are unconstitutional in light of Apprendi v. New Jersey, 580 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because they do…