232 F3d 1363 United States v. Guadamuz-Solis

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

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.

November 14, 2000.
November 28, 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:

1

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, 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

2

AFFIRM.

NOTES:

*

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