United States v. Sevilla-Rodriguez

*790 MEMORANDUM ** German Sevilla-Rodriguez appeals from the 57-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand. Sevilla-Rodriguez was sentenced in 2004 under the mandatory Sentencing Guidelines, before the Supreme Court rendered the Guidelines advisory in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). The Sixth Amendment challenges to his sentence that Sevilla-Rodriguez raised before the district court were sufficient to preserve his claim that he is entitled to resentencing under the advisory Guidelines regime. See United States v. Beng-Salazar, 452 F.3d 1088, 1097 (9th Cir.2006). We vacate the sentence and remand for resentencing. See id. Sevilla-Rodriguez’s challenges to the constitutionality of 8 U.S.C. § 1326 (b) and the continuing validity of Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), are foreclosed. See Beng-Salazar, 452 F.3d at 1097 . Because we vacate and remand for re-sentencing, we do not reach Sevilla-Rodriguez’s remaining contentions. VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.