[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
DEC 12, 2006
No. 06-13590 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-00004-CR-ORL-18-DAB
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SELVIN AMILCAR REYES-ANTUNEZ,
a.k.a. Juan Reyes-Castro,
a.k.a. Carlos Cartegena-Antunez,
a.k.a. Jaret Reyes-Llamer,
a.k.a. Mario Reyes,
a.k.a. Mario Reyes-Almendarez,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(December 12, 2006)
Before BLACK, CARNES and MARCUS, Circuit Judges.
PER CURIAM:
Selvin Amilcar Reyes-Antunez appeals his 27-month sentence for illegal re-
entry into the United States after deportation, in violation of 8 U.S.C. § 1326(a),
(b)(2). He contends that § 1326(a) creates an offense for illegal re-entry into the
United States after deportation and that § 1326(b)(2) creates a separate offense for
illegal re-entry into the United States after deportation following conviction for an
aggravated felony. Under his view unless the prior conviction is alleged in the
indictment the court may not apply the maximum sentence provided in
§ 1326(b)(2) .
Presenting this issue to preserve it for further review, Reyes-Antunez
concedes that his argument is contrary to controlling authority. And it is. See
Almendarez-Torres v. United States, 523 U.S. 224, 226-227, 118 S.Ct. 1219, 1222,
(1998); Apprendi v. New Jersey, 530 U.S. 466, 489-90, 120 S.Ct. 2348, 2362
(2000); United States v. Guadamuz-Solis, 232 F.3d 1363 (11th Cir. 2000);United
States v. Shelton, 400 F.3d 1325, 1329 (11th Cir. 2005); United States v. Gibson,
434 F.3d 1234, 1246 (11th Cir. 2006).
AFFIRMED.
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