USA v. Ramon Ernesto Cruz-Paguada

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 17, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-16444
Non-Argument Calendar
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D. C. Docket No. 09-00192-CR-J-34JRK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAMON ERNESTO CRUZ-PAGUADA,
a.k.a. Pedro Pablo Agurcia,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(June 17, 2010)
Before MARCUS, PRYOR and MARTIN, Circuit Judges.
PER CURIAM:
Ramon Ernesto Cruz-Paguada appeals his sentence of 46 months of

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imprisonment, which was imposed after he pleaded guilty to illegally reentering
the United States after deportation. 8 U.S.C. § 1326(a). Cruz-Paguada argues, for
the first time on appeal, that the district court erred by enhancing his sentence
based on his prior conviction for smuggling illegal aliens into the United States, id.
§ 1324, when that conviction was not charged in his indictment. Cruz-Paguada’s
argument is foreclosed by the decision of the Supreme Court in Almendarez-Torres
v. United States, 523 U.S. 224, 118 S. Ct. 1219 (1998). “[W]e are bound to follow
Almendarez-Torres unless and until the Supreme Court itself overrules that
decision.” United States v. Thomas, 242 F.3d 1028, 1035 (11th Cir. 2001); see
also United States v. Greer, 440 F.3d 1267, 1273 (11th Cir. 2006). The district
court did not err, much less plainly err, by enhancing Cruz-Paguada’s sentence.
Cruz-Paguada’s sentence is AFFIRMED.
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