U.S. v. Guadamuz-Solis

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Lester Javier…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Nov 14, 2000

232 F.3d 1363 (11th Cir. 2000)

Opinion

No. 00-11508.

November 14, 2000.

Henry P. Bell, Asst. Fed. Pub. Def., Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Defendant-Appellant.

Harriet Galvin, Asst. U.S. Atty., Anne R. Schultz, Dawn Bowen, Miami, FL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Southern District of Florida (No. 99-00337-CR-ASG); Alan S. Gold, Judge.

Before BARKETT and WILSON, Circuit Judges, and GEORGE, District Judge.^_

_ Honorable Lloyd D. George, U.S. District Judge for the District of Nevada, sitting by designation.

PER CURIAM:

Lester Javier Guadamuz-Solis ("Solis") appeals his sentence of 96 months' imprisonment and 3 years' supervised release for a conviction for illegal reentry under 8 U.S.C. § 1326(a), (b)(2). He argues that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) has called into question the decision in Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which controls this case. Almendarez-Torres remains the law until the Supreme Court determines that Almendarez-Torres is not controlling precedent. Accordingly, we

AFFIRM.