USA v. Ramiro Lucio Leal-Chavez, No. 15-14638 (11th Cir. 2016)

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Case: 15-14638 Date Filed: 04/15/2016 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14638 Non-Argument Calendar ________________________ D.C. Docket No. 1:15-cr-20419-JEM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAMIRO LUCIO LEAL-CHAVEZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (April 15, 2016) Case: 15-14638 Date Filed: 04/15/2016 Page: 2 of 2 Before WILLIAM PRYOR, FAY, and EDMONDSON, Circuit Judges. 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, 118 S. Ct. 1219 (1998); United States v. Beckles, 565 F.3d 832 (11th Cir. 2009); United States v. Spears, 443 F.3d 1358 (11th Cir. 2006). AFFIRMED. 2

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