Case: 14-11996 Date Filed: 10/16/2014 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11996
Non-Argument Calendar
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D.C. Docket No. 1:13-cr-20921-JIC-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IRA KEMOY GRANT,
a.k.a. Shaun Grant,
a.k.a. Ira Ilyasha Grant,
a.k.a. Ira Remoy Grant,
a.k.a. Shawn Tamar Grant,
a.k.a. Shawn Green,
a.k.a. Charley K. Trace,
a.k.a. Franze Unton Young,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(October 16, 2014)
Case: 14-11996 Date Filed: 10/16/2014 Page: 2 of 3
Before WILSON, WILLIAM PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Ira Kemoy Grant appeals his sentence of 46 months of imprisonment for
reentering the United States after being deported. 8 U.S.C. § 1326(a), (b)(2). Grant
argues that his sentence is substantively unreasonable and, for the first time, that
his sentence is unconstitutional because his maximum statutory sentence was
increased based on the fact of a prior conviction that was not admitted to by him or
proved to a jury beyond a reasonable doubt. We affirm.
The district court did not abuse its discretion by sentencing Grant to 46
months of imprisonment. Grant, a native and citizen of Jamaica, reentered the
United States after being deported in 2008 for being an aggravated felon, and by
then he had amassed convictions for reckless driving, possession of marijuana with
intent to sell, battery, possession of a firearm as a convicted felon, attempted
trafficking in marijuana, threatening a public servant, attempted forgery, false
impersonation, and grand theft. The district court acted within its discretion in
weighing more heavily Grant’s “extensive criminal history” than the extenuating
circumstances underlying his offense. And the district court accounted for Grant’s
acceptance of responsibility by imposing a sentence at the low end of his advisory
guideline range of 46 to 57 months of imprisonment. Grant’s sentence, which is
well below his maximum statutory sentence of 20 years, is reasonable.
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Case: 14-11996 Date Filed: 10/16/2014 Page: 3 of 3
Grant concedes that his challenge to the constitutionality of his sentence is
foreclosed by precedent. In Almendarez–Torres v. United States, 523 U.S. 224,
118 S. Ct. 1219 (1998), the Supreme Court held that a prior conviction “relevant
only to the sentencing of an offender found guilty of the charged crime” does not
have to be charged in an indictment or proven beyond a reasonable doubt to a jury,
even if it increases the defendant’s maximum statutory sentence. Id. at 228–47, 118
S. Ct. at 1223–33. Almendarez-Torres remains the law until overruled by the
Supreme Court, and it expressly refused to do so in Alleyne v. United States, 570
U.S. ____, 133 S. Ct. 2151 (2013). Id. at 1260 n.1.
We AFFIRM Grant’s sentence.
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