262 F. App'x 179

UNITED STATES of America, Plaintiff-Appellee, v. Barry Keith DAMES, Defendant-Appellant.

No. 06-14786

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Jan. 10, 2008.

Mauricio L. Aldazabal, Coral Gables, FL, for Plaintiff-Appellee.

Lisa T. Rubio, Anne R. Schultz, Dawn Bowen, U.S. Attorney’s Office, Miami, FL, for Defendant-Appellant.

*180Before TJOFLAT, ANDERSON and HULL, Circuit Judges.

PER CURIAM:

Appellant received the mandatory minimum sentence of 36 months’ incarceration prescribed by 8 U.S.C. § 1324(a)(2)(B)(ii), attempting to bring an alien into the United States for financial gain. He now appeals his sentence, contending that the district court erred in enhancing his offense level on the ground that he committed the offense while on supervised release.

The Guidelines sentence range the court found called for a prison term of 15-21 months. That range was inapplicable, however, because the mandatory minimum sentence the court was required to impose exceeded the sentence range. See U.S.S.G. § 5Gl.l(b) Therefore, even if we were to agree with appellant—that the court erred in enhancing his offense level—the error was harmless.

AFFIRMED.

United States v. Dames
262 F. App'x 179

Case Details

Name
United States v. Dames
Decision Date
Jan 10, 2008
Citations

262 F. App'x 179

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!