United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 20, 2007
Charles R. Fulbruge III
Clerk
No. 06-30883
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRODRICK COLLINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:04-CR-50048
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Brodrick Collins appeals the life sentence he received
following his conviction by a jury for possession with the intent
to distribute 50 grams or more of crack cocaine, in violation of
21 U.S.C. § 841(a), and three weapons charges. He argues, for
the first time on appeal, that the mandatory life sentence he
received violated his constitutional rights because the prior
convictions on which it was based were not pleaded or proved to
the jury.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-30883
-2-
As Collins concedes, his challenge is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).
Although Collins contends that Almendarez-Torres was incorrectly
decided and that a majority of the Supreme Court would overrule
Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S.
466 (2000), we have repeatedly rejected such arguments on the
basis that Almendarez-Torres remains binding. See United States
v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir. 2005). The argument
fails for the additional reason that the Government pleaded the
prior convictions in its notice of intent to seek the statutory
maximum penalty, and Collins specifically admitted the fact of
the convictions at sentencing.
The district court’s judgment is AFFIRMED.