United States v. Lester Javier Guadamuz-Solis

UNITED STATES of America, Plaintiff-Appellee,
v.
Lester Javier GUADAMUZ-SOLIS, a.k.a. Lester Javier Guadamuz-Solio, Defendant-Appellant.
No. 00-11508.
United States Court of Appeals,
Eleventh Circuit.
Nov. 14, 2000.
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.*
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, --- U.S. ----, 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.
*
Honorable Lloyd D. George, U.S. District Judge for the District of Nevada, sitting by designation.