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  • United States v. Ramiro Lucio Leal-Chavez, 11th Cir. (2016)

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    Ramiro Lucio Leal-Chavez appealed his 60-month sentence for illegal entry after deportation, which was below the guideline range. The United States Court of Appeals for the Eleventh Circuit affirmed the sentence, stating that the district court did not err in considering the nature of Leal-Chavez's prior conviction. The Eleventh Circuit also noted that Leal-Chavez's constitutional arguments were foreclosed by Supreme Court and Eleventh Circuit precedent.

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    Filed: 2016-04-15 Precedential Status: Non-Precedential Docket: 15-14638

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    Ramiro Lucio Leal-Chavez appealed his 60-month sentence for illegal entry after deportation, which was below the guideline range. The United States Court of Appeals for the Eleventh Circuit affirmed the sentence, stating that the district court did not err in considering the nature of Leal-Chavez's prior conviction. The Eleventh Circuit also noted that Leal-Chavez's constitutional arguments were foreclosed by Supreme Court and Eleventh Circuit precedent.

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    United States v. Ramiro Lucio Leal-Chavez, 11th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Ramiro Lucio Leal-Chavez appealed his 60-month sentence for illegal entry after deportation, which was below the guideline range. The United States Court of Appeals for the Eleventh Circuit affirmed the sentence, stating that the district court did not err in considering the nature of Leal-Chavez's prior conviction. The Eleventh Circuit also noted that Leal-Chavez's constitutional arguments were foreclosed by Supreme Court and Eleventh Circuit precedent.

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    of 2

    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    [DO NOT PUBLISH]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-Chavezs prior conviction; Leal-Chavezs 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.

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