USA v Jaime Carillo-Lucas, No. 13-13819 (11th Cir. 2014)

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Case: 13-13819 Date Filed: 04/03/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-13819 Non-Argument Calendar ________________________ D.C. Docket No. 9:13-cr-80079-KAM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAIME CARILLO-LUCAS, a.k.a. Ijinio Carillo-Lucas, a.k.a. Julio C. Galdamez-Chanona, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (April 3, 2014) Before TJOFLAT, WILSON and ANDERSON, Circuit Judges. PER CURIAM: Case: 13-13819 Date Filed: 04/03/2014 Page: 2 of 2 Jamie Carillo-Lucas was convicted on a plea of guilty to the offense of reentry after deportation, in violation of 8 U.S.C. § 1326(a), (b)(2), and the District Court sentenced him to prison for a term of 27 months. He appeals his sentence, arguing that the court unconstitutionally enhanced his sentence based on a prior conviction that was neither alleged in the indictment nor proved to a jury beyond a reasonable doubt. He concedes that the Supreme Court has decided and that this court has adhered to its decision that a prior conviction need not be alleged in the indictment for the court to impose an enhanced sentence. He raises the issue to preserve it for further review in light of Alleyne v. United States, 570 U.S. __, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013). In that Carillo-Lucas properly concedes that precedent forecloses his argument, his sentence is AFFIRMED. 2

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