U.S. Court of Appeals for the Eleventh Circuit, 2007

United States v. Humberto De La Sota-Rivera

United States v. Humberto De La Sota-Rivera
U.S. Court of Appeals for the Eleventh Circuit · Decided March 28, 2007 · Birch, Hull, Per Curiam, Pryor
221 F. App'x 897

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.