Navarro-Mejia

MEMORANDUM **

Nahun Navarro-Mejia appeals from his sentence imposed following his guilty plea conviction for unlawful entry by eluding Immigration, in violation of 8 U.S.C. § 1325 (a)(2).

Navarro-Mejia contends that the district court violated his constitutional rights in making an upward adjustment under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior drug trafficking offense. Specifically he argues that a jury should have determined the nature of his prior conviction and its temporal relationship to the immigration proceeding. This court has continued to hold after United States v. Booker, - U.S.-, 125 S.Ct. 738, 752 , 160 L.Ed.2d 621 (2005), that an enhancement under 2L1.2 does not implicate the Sixth Amendment. United States v. Moreno-Hernandez, 419 F.3d 906 , 914 n. 8 (9th Cir.2005). Moreover, Navarro-Mejia acknowledged in his plea agreement that his aggravated felony conviction was premised on a state court judgment for delivery of cocaine, with a sentence imposed of fifteen months.

Because Navarro-Mejia was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially *996…