UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LESTER JAVIER GUADAMUZ-SOLIS, A.K.A. LESTER JAVIER GUADAMUZ-SOLIO, DEFENDANT-APPELLANT

11th Cir. | 2000-11-14
No. 00-11508
Before BARKETT and WILSON, Circuit Judges, and GEORGE, District Judge.
232 F.3d 1363 Court of Appeals for the Eleventh Circuit (2000) Positive Treatment
Cited by 11 cases
Opinion of the Court
PER'CURIAM:

PER'CURIAM: 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, 530 U.S. 466, 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. Almenda-rez-Torres remains the law until the Supreme Court determines that Almenda-rez-Torres is not controlling precedent. Accordingly, we AFFIRM.

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  • United States v. Miles, 290 F.3d 1341 (11th Cir. 2002)
    …Supreme Court decided Apprendi, we considered its effect on Almendarez-Torres and held that “Almendarez-Torres remains the law until the Supreme Court determines that Almendarez-Torres is not controlling precedent.” United States v. Guadamuz-Solis, 232 F. 3d 1363, 1363 (11th Cir.2000). Thus, we find that the district court did not violate Apprendi in considering Miles’ prior convictions. B. Miles’ Statutory Right to a Speedy Trial Miles appeals the district court’s denial of his motion to dismiss based on…
  • United States v. Greer, 440 F.3d 1267 (11th Cir. 2006)
    …to follow it. E.g., United States v. Camacho-Ibarquen, 410 F. 3d 1307, 1316 n. 3 (11th Cir.2005) (“[T]he Supreme Court has not explicitly overruled Almendarez-Torres. As a result, we must follow Almendarez-Torres.”); United States v. Guadamuz-Solis, 232 F. 3d 1363 (11th Cir.2000) (“Almendarez-Torres remains the law until the Supreme Court determines that Almendarez-Torres is not controlling precedent.”). More than once we have specifically rejected the argument that Almendarez-Torres was undermined by the A…
  • United States v. Gibson, 434 F.3d 1234 (11th Cir. 2006)
    …462 (11th Cir.1996). See also United States v. Thomas, 242 F. 3d 1028, 1035 (11th Cir.2001) (“[W]e are bound to follow Almendarez-Torres unless and until the Supreme Court itself overrules that decision.”) (citing United States v. Guada-muz-Solis, 232 F. 3d 1363 (11th Cir.2000)). This is so even if we are convinced that the Supreme Court will overturn its previous decision the next time it addresses the issue. Bass v. Bd. of County Comm’rs, 256 F. 3d 1095, 1115 (11th Cir.2001). Though wounded, Almendare…

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