Tapia-Velasquez

MEMORANDUM **

Juan Manuel Tapia-Velasquez appeals the 46-month 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.

Tapia-Velasquez contends that his sentence violates the Sixth Amendment because it was enhanced on the basis of a prior felony conviction which was neither admitted to by him nor alleged in the indictment. This claim is foreclosed by United States v. Moreno-Hernandez, 419 F.3d 906 , 914-15 n. 8 (9th Cir.2005) (holding that an 8 U.S.C. § 1326 (b) sentence enhancement based on the fact of a prior conviction for assault raised no Sixth Amendment problems). However, because Tapia-Velasquez 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 at 915-16 (extending *837 Ameline’s limited remand procedure to non-constitutional Booker error).

REMANDED.

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