United States v. Gary L. Finklea

U.S. Court of Appeals for the Eleventh Circuit
United States v. Gary L. Finklea, 451 F. App'x 860 (11th Cir. 2012)

United States v. Gary L. Finklea

Opinion

PER CURIAM:

Gary Finklea appeals his sentence of 180 months of imprisonment following his plea of guilty to being a felon in possession of a firearm and ammunition. 18 U.S.C. § 922(g)(1). Finklea argues that the district court violated his rights under the Fifth and Sixth Amendments by sentencing him as a career criminal based on prior convictions that were neither charged in his indictment nor admitted by him. Fink-lea’s argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 226-27, 118 S.Ct. 1219, 1222, 140 L.Ed.2d 350 (1998), and Finklea acknowledges that we are “bound to follow Almendarez-Torres unless and until the Supreme Court itself overrules that decision.” United States v. Thomas, 242 F.3d 1028, 1035 (11th Cir. 2001).

We AFFIRM Finklea’s sentence.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Gary L. FINKLEA, Defendant-Appellant
Status
Unpublished