All Courts |
Federal Courts |
US Court of Appeals Cases |
Court of Appeals for the Eleventh Circuit |
2010-06 |
-
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 09-16444 ELEVENTH CIRCUIT JUNE 17, 2010 Non-Argument Calendar JOHN LEY ________________________ CLERK D. C. Docket No. 09-00192-CR-J-34JRK UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAMON ERNESTO CRUZ-PAGUADA, a.k.a. Pedro Pablo Agurcia, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (June 17, 2010) Before MARCUS, PRYOR and MARTIN, Circuit Judges. PER CURIAM: Ramon Ernesto Cruz-Paguada appeals his sentence of 46 months of imprisonment, which was imposed after he pleaded guilty to illegally reentering the United States after deportation.
8 U.S.C. § 1326(a). Cruz-Paguada argues, for the first time on appeal, that the district court erred by enhancing his sentence based on his prior conviction for smuggling illegal aliens into the United States,
id.§ 1324, when that conviction was not charged in his indictment. Cruz-Paguada’s argument is foreclosed by the decision of the Supreme Court in Almendarez-Torres v. United States,
523 U.S. 224,
118 S. Ct. 1219(1998). “[W]e are bound to follow Almendarez-Torres unless and until the Supreme Court itself overrules that decision.” United States v. Thomas,
242 F.3d 1028, 1035 (11th Cir. 2001); see also United States v. Greer,
440 F.3d 1267, 1273 (11th Cir. 2006). The district court did not err, much less plainly err, by enhancing Cruz-Paguada’s sentence. Cruz-Paguada’s sentence is AFFIRMED. 2
Document Info
Docket Number: 09-16444
Citation Numbers: 383 F. App'x 852
Filed Date: 6/17/2010
Precedential Status: Non-Precedential
Modified Date: 1/12/2023