Court of Appeals for the Third Circuit October 29, 2007, No. 06-1156 (United States v. Gutierrez)

OPINION

SLOVITER, Circuit Judge.

Hector Gutierrez entered a guilty plea on September 20, 2005 to a one-count indictment charging illegal re-entry after deportation, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). On December 29, 2005, the District Court sentenced Gutierrez to forty-six months imprisonment.