Reyna-Moran

MEMORANDUM **

David Cesar Reyna-Moran appeals from the 48-month sentence imposed following his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Reyna-Moran contends that 8 U.S.C. § 1326 (b) is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and that a supervised release condition requiring him to report to the probation office within 72 hours of reentry into the United States violates his Fifth Amendment right against self-incrimination. These contentions are foreclosed. See United States v. Rodriguez-Rodriguez, 441 F.3d 767, 772-73 (9th Cir.2006); United States v. Velasquez-Reyes, 427 F.3d 1227, 1229 (9th Cir.2005).

Reyna-Moran also contends that the district court erred by applying a 16-level enhancement based on his prior conviction for burglary, in violation of California Penal Code §§ 459 and 460. Specifically, Reyna-Moran contends that the government failed to provide sufficient evidence to demonstrate that his prior conviction was a crime of violence under United States Sentencing Guidelines § 2L1.2. We agree,…