United States v. Arviso-Mata

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Juan Arviso-Mata appeals the 70-month sentence imposed following his guilty-plea conviction of illegally re-entering the United States after deportation in violation of 8 U.S.C. § 1326. Arviso presents three issues: (1) whether the district court erred in calculating Arviso’s criminal history score; (2) whether the district court’s application of the mandatory Sentencing Guidelines was harmless error; and (3) whether 8 U.S.C. § 1325(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey. 1 We affirm Arviso’s conviction, vacate Arviso’s…