United States v. Humberto De La Sota-Rivera

U.S. Court of Appeals for the Eleventh Circuit
United States v. Humberto De La Sota-Rivera, 221 F. App'x 897 (11th Cir. 2007)
Birch, Hull, Per Curiam, Pryor

United States v. Humberto De La Sota-Rivera

Opinion

PER CURIAM:

Humberto De La Sota-Rivera appeals his 48-month sentence for illegal reentry into the United States after deportation. 8 U.S.C. § 1326(a) & (b)(2). Sota-Rivera argues that the enhancement of his sentence based on his previous criminal conviction violated his rights under the Fifth and Sixth Amendments because the predicate offense was neither charged in the indictment nor found by a jury. Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We affirm.

Under current Supreme Court precedent, previous convictions can enhance a defendant’s sentence without being alleged in the indictment or proved beyond a reasonable doubt. Almendarez-Torres v. United States, 523 U.S. 224, 244-46, 118 S.Ct. 1219, 1231-32, 140 L.Ed.2d 350 (1998). That precedent remains good law. United States v. Camacho-Ibarquen, 410 F.3d 1307, 1315-16 (11th Cir.), cert. denied, - U.S. -, 126 S.Ct. 457, 163 L.Ed.2d 347 (2005).

Sota-Rivera’s sentence is

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Humberto DE LA SOTA-RIVERA, Defendant-Appellant
Status
Unpublished