Mejia-Cienega
United States v. Mejia-Cienega
Opinion
Lead Opinion
MEMORANDUM **
Juan Fernando Mejia-Cienega appeals the sentence imposed following his guilty plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a), and we remand.
Mejia-Cienega contends that he is entitled to resentencing under United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (U.S.2005). Mejia-Cienega suffered no Sixth Amendment violation in the imposition of his sentence, which was enhanced solely on the basis of a prior aggravated felony that he admitted to at the change-of-plea hearing. See United States v. Moreno-Hernandez, No. 03-30387, 2005 WL 1964483 , at *7 n. 8 (9th Cir. Aug.17, 2005) (holding that a sentence enhancement based on the fact of a prior conviction for assault raised no Sixth Amendment problems). However, because Mejia-Cienega was sentenced under the mandatory guidelines we remand the case for further proceedings consistent with United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). See Moreno-Hernandez, 419 F.3d 906, 915 (extending Ameline’s limited remand procedure to non-constitutional Booker error).