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United States v. Lester Javier Guadamuz-Solis, 00-11508 (2000)

Court: Court of Appeals for the Eleventh Circuit Number: 00-11508 Visitors: 32
Filed: Nov. 14, 2000
Latest Update: Feb. 21, 2020
Summary: 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'
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                            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. ยง 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.

Source:  CourtListener

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