Opinion
No. 15-14638
04-15-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAMIRO LUCIO LEAL-CHAVEZ, Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:15-cr-20419-JEM-1 Appeal from the United States District Court for the Southern District of Florida Before WILLIAM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.