U.S. Court of Appeals for the Eleventh Circuit, 2016

United States v. Leal-Chavez

United States v. Leal-Chavez
U.S. Court of Appeals for the Eleventh Circuit · Decided April 15, 2016 · Edmondson, Fay, Pryor
648 F. App'x 796

United States v. Leal-Chavez

Opinion of the Court

PER CURIAM:

Ramiro Lucio Leal-Chavez appeals his 60-month sentence, imposed below the guideline range, after being convicted of illegal entry after deportation, in violation of 8 U.S.C. § 1326. The district court did not err by considering the nature of Leal-Chavez’s prior conviction; Leal-Chavez’s constitutional arguments are foreclosed by binding Supreme Court and Eleventh Circuit precedent. See Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. *7971219, 140 L.Ed.2d 350 (1998); United States v. Beckles, 565 F.3d 832 (11th Cir. 2009); United States v. Spears, 443 F.3d 1358 (11th Cir. 2006).

AFFIRMED.

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