Case: 14-10011 Date Filed: 12/01/2014 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-10011
Non-Argument Calendar
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D.C. Docket No. 1:13-cr-00195-TCB-RGV-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR DELVAL-ESTRADA,
a.k.a. Hector Ochoa Olguin,
a.k.a. Hector Joaquin Delval-Estrada,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(December 1, 2014)
Before WILLIAM PRYOR, JORDAN, and ROSENBAUM, Circuit Judges.
PER CURIAM:
Case: 14-10011 Date Filed: 12/01/2014 Page: 2 of 2
Hector Delval-Estrada was sentenced to 40 months in prison after pleading
guilty to illegal reentry in violation of 8 U.S.C. § 1326(a) & (b)(2). He contends
that, because his prior aggravated felony (possession of cocaine with intent to
distribute) is an element of the offense under subsection (b)(2) of § 1326 and was
not listed in the indictment, he could not have been sentenced to more than the
two-year maximum set forth in subsection (a) of the statute.
We reject Mr. Delval-Estrada’s argument. First, the Supreme Court has
expressly held—in a case just like this one—that § 1326(b)(2) does not define a
separate crime, and that the government is not required to charge the alien’s prior
conviction in the indictment. See Almendarez-Torres v. United States,
523 U.S.
224, 226-27 (1998). Second, “we have specifically rejected the argument that
Almendarez-Torres was undermined by Apprendi [v. New Jersey,
530 U.S. 466
(2000).]” United States v. Greer,
440 F.3d 1267, 1273 (11th Cir. 2006). “[W]e are
bound to follow Almendarez–Torres unless and until the Supreme Court . . .
overrules that decision.” United States v. Thomas,
242 F.3d 1028, 1035 (11th Cir.
2001).
AFFIRMED.
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