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U.S. v. TORRES-ALVARADO

No. 04-3844.

416 F.3d 808 (2005)

UNITED STATES of America, Appellee, v. Edgardo TORRES-ALVARADO, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2005.

Attorney(s) appearing for the Case

Omar F. Greene, argued, Little Rock, AR, for appellant.

Steven N. Snyder, Asst. U.S. Attorney, argued, Fort Smith, AR, for appellee.

Before LOKEN, Chief Judge, BEAM and SMITH, Circuit Judges.

SMITH, Circuit Judge.

In this criminal appeal, Edgardo Torres-Alvarado ("Torres-Alvarado") argues that he was sentenced in violation of the Sixth Amendment because the judge, not the jury, found beyond a reasonable doubt that his prior drug conviction was an aggravated felony or drug trafficking offense. We disagree and affirm.

I. Background

Torres-Alvarado was indicted and charged in the United States...

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