United States v. Selvin Amilcar Reyes-Antunez

209 F. App'x 974

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 12, 2006
• Docket: 06-13590
• Status: Unpublished

Opinion

PER CURIAM:

Selvin Amilcar Reyes-Antunez appeals his 27-month sentence for illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326(a), (b)(2). He contends that § 1326(a) creates an offense for illegal re-entry into the United States after deportation and that § 1326(b)(2) creates a separate offense for illegal reentry into the United States after deportation following conviction for an aggravated felony. Under his view unless the prior conviction is alleged in the indictment the court may not apply the maximum sentence provided in § 1326(b)(2).

Presenting this issue to preserve it for further review, Reyes-Antunez concedes that his argument is contrary to controlling authority. And it is. See Almendarez-Torres v. United States, 523 U.S. 224, 226-227, 118 S.Ct. 1219, 1222, 140 L.Ed.2d 350 (1998); Apprendi v¡ New Jersey, 530 U.S. 466, 489-90, 120 S.Ct. 2348, 2362, 147 L.Ed.2d 435 (2000); United States v. Guadamuz-Solis, 232 F.3d 1363 (11th Cir. 2000); United States v. Shelton, 400 F.3d 1325, 1329 (11th Cir.2005); United States v. Gibson, 434 F.3d 1234, 1246 (11th Cir. 2006).

AFFIRMED.