USA v Jaime Carillo-Lucas

[DO NOT PUBLISH]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: 1 of 2

-- 1 of 2 --

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.
Case: 13-13819 Date Filed: 04/03/2014 Page: 2 of 2

-- 2 of 2 --