USA v. Selvin Amilcar Reyes-Antunez, No. 06-13590 (11th Cir. 2006)

 Annotate this Case
Download PDF
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 06-13590 Non-Argument Calendar ________________________ DEC 12, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 06-00004-CR-ORL-18-DAB UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SELVIN AMILCAR REYES-ANTUNEZ, a.k.a. Juan Reyes-Castro, a.k.a. Carlos Cartegena-Antunez, a.k.a. Jaret Reyes-Llamer, a.k.a. Mario Reyes, a.k.a. Mario Reyes-Almendarez, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (December 12, 2006) Before BLACK, CARNES and MARCUS, Circuit Judges. PER CURIAM: Selvin Amilcar Reyes-Antunez appeals his 27-month sentence for illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326(a), (b)(2). He contends that § 1326(a) creates an offense for illegal re-entry into the United States after deportation and that § 1326(b)(2) creates a separate offense for illegal re-entry into the United States after deportation following conviction for an aggravated felony. Under his view unless the prior conviction is alleged in the indictment the court may not apply the maximum sentence provided in § 1326(b)(2) . Presenting this issue to preserve it for further review, Reyes-Antunez concedes that his argument is contrary to controlling authority. And it is. See Almendarez-Torres v. United States, 523 U.S. 224, 226-227, 118 S.Ct. 1219, 1222, (1998); Apprendi v. New Jersey, 530 U.S. 466, 489-90, 120 S.Ct. 2348, 2362 (2000); United States v. Guadamuz-Solis, 232 F.3d 1363 (11th Cir. 2000);United States v. Shelton, 400 F.3d 1325, 1329 (11th Cir. 2005); United States v. Gibson, 434 F.3d 1234, 1246 (11th Cir. 2006). AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.