United States v. Acuna-Salazar

PER CURIAM: *

Baldomero Aeuna-Salazar (Acuna) pleaded guilty to illegal reentry after deportation and was sentenced to 70 months of imprisonment and two years of supervised release. Acuna’s constitutional challenge to the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. *2821219, 140 L.Ed.2d 850 (1998). Although Acuna contends' that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466,…