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United States v. Jorge Amezcua-Campos, 05-1481 (2005)

Court: Court of Appeals for the Eighth Circuit Number: 05-1481 Visitors: 21
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 Jorge Amezcua-Campos, * * [UNPUBLISHED] Appellant.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
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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                                        * [UNPUBLISHED]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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Source:  CourtListener

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