Perez-Hernandez

MEMORANDUM *

Jose Guadalupe Perez-Hernandez appeals various aspects of his sentence upon conviction for illegal re-entry in violation of 8 U.S.C. § 1326 (a). We affirm the judgment and sentence, but remand for striking of the reference to § 1326(b) from the judgment order.

First, Perez argues that because the sentence imposed for his prior Nevada armed robbery conviction was suspended, it does not meet the “one-year term of imprisonment” requirement of 8 U.S.C. § 1101 (a)(43)(F). Thus, he contends the district court erred by enhancing his offense level by sixteen for an aggravated felony conviction. Because we have previously rejected this argument in United States v. Echavarria-Escobar, 270 F.3d 1265, 1267 (9th Cir.2001), we reject it again now.

Perez also makes an as-applied equal protection challenge to the sentencing enhancement. He argues that the unique Nevada sentencing procedures which require imposition of a prison sentence and suspension of that sentence prior to an award of probation place him at a disadvantage when compared to other states’ procedures allowing for imposition of straight probation. Because the record is wholly devoid of any evidence that a defendant…