USA v. Mateo, 05-1805 (unpublished) affirms a sentence for illegal re-entry under 8 U.S.C. § 1326(b)(2). He was sentenced above the guidelines, even though the District Court didn’t provide him with pre-hearing notice of the grounds for such a sentence. The court rejects his argument that post-Booker, Fed. R. Crim. P. 32(h) (requiring notice for departures) applies to above-guidelines sentences. The defendant didn’t object, and the court finds that there is no plain error.