United States v. Cantu-Rios

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

On December 17, 2004, in an unpublished opinion, this court affirmed the sentence of Oscar Cantu-Rios. United States v. Cantu-Rios, 115 Fed. Appx. 744, 745 (5th Cir.2004)(unpublished). The Supreme Court has vacated and remanded for further consideration in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

In his original appeal to this court, Cantu-Rios argued that the sentencing provisions set forth in 8 U.S.C. § 1326(b) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466,…