Gallegos

MEMORANDUM **

Ernesto Gallegos appeals the sentence imposed in a corrected judgment entered after his guilty plea to attempted entry after deportation, in violation of 8 U.S.C. § 1326 . He contends that pursuant to Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), in increasing his sentence under 8 U.S.C. § 1326 (b)(2) and U.S.S.G. § 2L1.2(b)(l)(A) on the ground that he previously was deported after a conviction for an aggravated felony, the district court should have required proof beyond a reasonable doubt of the temporal relationship between the pri- or conviction and the deportation. He also contends that in calculating his criminal history score, the district court should have required proof beyond a reasonable doubt of whether the prior sentences were relevant conduct under U.S.S.G. § IB 1.3(a), whether the prior sentences were related under U.S.S.G. § 4A1.2(a)(2), whether Gallegos was under a criminal justice sentence under U.S.S.G. § 4Al.l(d), and the date of his prior release under U.S.S.G. § 4Al.l(e).

The government contends that this appeal should be dismissed because in his plea agreement, Gallegos waived his right to appeal his sentence.…