Court of Appeals for the Ninth Circuit October 23, 2006, No. 06-50009 (United States v. 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.