United States v. De La Rosa-Mascorro

PER CURIAM: *

Hector Mario De La Rosa-Mascorro appeals his conviction and sentence for attempted reentry of an alien after having been deported. He argues that (1) the district court erred by increasing his base offense level 16 points under U.S.S.G. § 2L1.2(b)(l)(A)(vii) because his prior conviction for transporting illegal aliens was not an “alien smuggling offense”; (2) the 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); and (3) his sentence is unconstitutional under United States v. Booker, —…