Munguia-Lucatero

MEMORANDUM **

Jose Manuel Munguia-Lucatero appeals from the 46-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 (a), as enhanced by § 1326(b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm but remand to correct the judgment.

Munguia-Lucatero first contends that the validity of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), has been called into question, so the enhancement based on his admitted prior conviction was improper and that § 1326(b) is unconstitutional. This argument is unavailing. See United States v. Lopez-Torres, 443 F.3d 1182, 1185 (9th Cir.2006).

Munguia-Lucatero next contends that the sentence imposed was unreasonable. Although it is true that Munguia-Lucatero’s most serious offense (voluntary manslaughter with a firearms enhancement) was over twenty years ago, his argument regarding the reasonableness of his sentence is undercut by the extent of Munguia-Lucatero’s criminal history, and the fact that he was sentenced nonetheless at the low end of the Guidelines range. See 18 U.S.C.…