Barbosa-Flores

MEMORANDUM **

Martin Barbosa-Flores appeals from a sentence imposed following his guilty plea *827 to illegal reentry in violation of 8 U.S.C. § 1326 (a) & (b)(2).

Barbosa-Flores, who filed his brief with this court before the Supreme Court issued its decision in United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), argues that the Sentencing Guidelines are unconstitutional and that the enhancement of his sentence based on a prior conviction must therefore be invalidated. That argument, however, has since been overtaken by Booker . Barbosa-Flores’ contention that his enhancement based on a prior conviction is unconstitutional is foreclosed by this court’s case law. See United States v. Moreno-Hernandez, 419 F.3d 906, 15, n. 8 (9th Cir.2005) (explaining that a district judge’s enhancement of a sentence, based on the fact of a prior conviction under U.S.S.G. § 2L1.2, does not raise any Sixth Amendment problems).

Because Barbosa-Flores was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines…