United States Eleventh Circuit

Defendant's sentence, imposed for illegally reentering the United States after being deported, is affirmed over his claim that an enhancement was unconstitutional since it was based on facts that were neither charged in his indictment nor proven to a jury.

Appellate Information

• Decided 04/06/2005
• Published 04/07/2005

Judges

• MARCUS, Circuit Judge:, Before BIRCH, BARKETT and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Darlene M. Geiger, Fed. Pub. Def., Fort Myers, FL, Frank William Zaremba, Asst. Fed. Pub. Def., Tampa, FL, for Defendant-Appellant., David Paul Rhodes, Yvette Rhodes Harrison, Asst. U.S. Atty., Tampa, FL, for Plaintiff-Appellee.