arbitrary because crimes other than illegal reentry, such as possession of a firearm by a felon, are inherently more dangerous. We hold that the enhancement level in § 2L1.2(b)(1)(A) has a rational basis and serves a legitimate government interest. The 16 level enhancement did not violate Ruiz’s right to equal protection. 8 U.S.C. § 1326 prohibits noncitizens from reentering the United States if they have previously “been denied admission, excluded, deported, or removed.” 8 U.S.C. § 1326(a). Such a violation may result in up to 20 years of imprisonment depending on the noncitizen’s criminal history. 8 U.S.C. § 1326(a)-(b). We have recognized that § 1326 is a legitimate exercise of Congress’s immigration power. See United States v. Hernandez-Guerrero, 147 F.3d 1075, 1078 (9th Cir.1998) (<HOLDING>). Section 2L1.2 of the Sentencing Guidelines
holding that congress had exceeded its authority by using its section five power under the fourteenth amendment to enact the statute holding states in exercising the federal trust power over indian tribes pursuant to a federal statute authorizing them to do so may enact legislation that would be an otherwise unconstitutional exercise of state power holding that congress possesses ample authority to enact  1326 pursuant to its inherent immigration power  holding congress has authority under  5 of fourteenth amendment to enact rfra and rfra does not usurp judiciarys power to interpret the constitution recognizing inherent power of courts of appeals