United States v. Guillermo Gallegos-Aguero

Guillermo Gallegos-Aguero appeals his 96-month sentence for illegal re-entry into the United States following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). Gallegos-Aguero argues that the district court violated his Sixth Amendment rights by imposing a 16-level increase in his offense level pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(vii), 1 based on the fact of his prior conviction for “an alien smuggling offense” which was neither admitted by him nor proved to a jury beyond a reasonable doubt. Gallegos-Aguero argues that Blakely v. Washington, 542 U.S. 296,…