U.S. Court of Appeals for the Eleventh Circuit, 2008

United States v. Dames

United States v. Dames
U.S. Court of Appeals for the Eleventh Circuit · Decided January 10, 2008 · Anderson, Hull, Tjoflat
262 F. App'x 179

United States v. Dames

Opinion of the Court

PER CURIAM:

Appellant received the mandatory minimum sentence of 36 months’ incarceration prescribed by 8 U.S.C. § 1324(a)(2)(B)(ii), attempting to bring an alien into the United States for financial gain. He now appeals his sentence, contending that the district court erred in enhancing his offense level on the ground that he committed the offense while on supervised release.

The Guidelines sentence range the court found called for a prison term of 15-21 months. That range was inapplicable, however, because the mandatory minimum sentence the court was required to impose exceeded the sentence range. See U.S.S.G. § 5Gl.l(b) Therefore, even if we were to agree with appellant—that the court erred in enhancing his offense level—the error was harmless.

AFFIRMED.

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