Gutierrez-Lopez

MEMORANDUM **

Jose Gutierrez-Lopez appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 .

*581 Gutierrez-Lopez contends that in light of Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), the federal Sentencing Guidelines are unconstitutional as a whole. This contention is foreclosed by United States v. Ameline, 376 F.3d 967, 981-82 (9th Cir.2004) (declining invitation, after holding that Blakely does apply to sentence enhancements based on facts determined by the district judge, to declare Guidelines unconstitutional as a whole).

Gutierrez-Lopez also contends that the illegal reentry guideline, U.S.S.G. § 2L1.2, under which he received a 16-level enhancement based on a prior conviction for a crime of violence, should be stricken following Blakely and Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because that guideline is not severable from other guideline provisions whose constitutionality is undermined by Blakely . This contention lacks merit. See United States v. Quintana-Quintana, 383 F.3d 1052 (9th Cir.2004) (order) (holding that…