United States v. Albarenga-Villalobo

PER CURIAM: *

Alfredo Albarenga-Villalobo (Albarenga) appeals from his sentence imposed on a guilty-plea conviction for illegal re-entry. The district court imposed a 58-month term of imprisonment, followed by a three-year term of supervised release.

For the first time on appeal, Albarenga contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As Albarenga concedes, this issue is foreclosed. See Almendarez-Torres v. United States, 523 U.S. 224, 247, 118…