United States v. Villarreal-Tamayo, ___ F.3d ___, 2006 WL 3055948 (7th Cir. Oct. 30, 2006 ) (court's failure to inform illegal reentry defendant of significance of aggravated felony does not justify withdrawal of the plea, because (1) it is not an element of illegal reentry after deportation offense; (2) it does not define a separate crime, but rather is a penalty provision authorizing an enhanced penalty for violations of 8 U.S.C. 1326(a)); and (3) the Constitution does not require an enhancement based on recidivism to be treated as an element of the underlying offense), following Almendarez-Torres, 523 U.S. at 244-47; see also United States v. Stevens, 453 F.3d 963, 967 (7th Cir.2006) (" [T]he district court does not violate a defendant's Sixth Amendment right to a jury trial by making findings as to his criminal record that expose him to greater criminal penalties."); United States v. Williams, 410 F.3d 397, 401-02 (7th Cir.2005); United States v. Lechuga-Ponce, 407 F.3d 895, 896-97 (7th Cir.2005) (relying on Almendarez-Torres to state "the fact of a prior conviction need not be proven beyond a reasonable doubt").

jurisdiction: 
Seventh Circuit

 

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