United States of America, Plaintiff-appellee, v. Lester Javier Guadamuz-solis, A.k.a. Lester Javier Guadamuz-solio, Defendant- Appellant, 232 F.3d 1363 (11th Cir. 2000)

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U.S. Court of Appeals for the Eleventh Circuit - 232 F.3d 1363 (11th Cir. 2000)

November 14, 2000. November 28, 2000

Appeal from the United States District Court for the Southern District of Florida (No. 99-00337-CR-ASG); Alan S. Gold, Judge.

Before BARKETT and WILSON, Circuit Judges, and GEORGE, District Judge.* 


Lester Javier Guadamuz-Solis ("Solis") appeals his sentence of 96 months' imprisonment and 3 years' supervised release for a conviction for illegal reentry under 8 U.S.C. 1326(a), (b) (2). He argues that Apprendi v. New Jersey, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000) has called into question the decision in Almendarez-Torres v. United States, 523 U.S. 224, 118 S. Ct. 1219, 140 L. Ed. 2d 350 (1998), which controls this case. Almendarez-Torres remains the law until the Supreme Court determines that Almendarez-Torres is not controlling precedent. Accordingly, we



Honorable Lloyd D. George, U.S. District Judge for the District of Nevada, sitting by designation.