Filed: Aug. 08, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1481 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Jorge Amezcua-Campos, * * [UNPUBLISHED] Appellant. * _ Submitted: July 29, 2005 Filed: August 8, 2005 _ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Jorge Amezcua-Campos appeals the sentence imposed after he pleaded guilty to illegal reentry. He argues the distri
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1481 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Jorge Amezcua-Campos, * * [UNPUBLISHED] Appellant. * _ Submitted: July 29, 2005 Filed: August 8, 2005 _ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Jorge Amezcua-Campos appeals the sentence imposed after he pleaded guilty to illegal reentry. He argues the distric..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1481
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas.
Jorge Amezcua-Campos, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: July 29, 2005
Filed: August 8, 2005
___________
Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
___________
PER CURIAM.
Jorge Amezcua-Campos appeals the sentence imposed after he pleaded guilty
to illegal reentry. He argues the district court’s1 finding (under advisory Sentencing
Guidelines) that his prior conviction resulted in a 12-level increase in his offense
level violated the Sixth Amendment. While Amezcua-Campos does not dispute the
existence of the conviction, he argues based on United States v. Booker,
125 S. Ct.
738 (2005), that a jury must decide whether and to what extent the conviction
justified an enhancement. We have previously concluded, however, that a sentencing
1
The Honorable Jimm Larry Hendren, Chief Judge, United States District
Court for the Western District of Arkansas.
judge may find not only the existence of a prior conviction, but also whether the
conviction is one of the types qualifying for a sentence enhancement. See United
States v. Kempis-Bonola,
287 F.3d 699, 702-03 (8th Cir.), cert. denied,
537 U.S. 914
(2002). This principle was unchanged by Booker. Cf. United States v. Marcussen,
403 F.3d 982, 984 (8th Cir. 2005) (rejecting argument that nature of prior conviction
is to be treated differently from fact of prior conviction).. Accordingly, we affirm.
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