[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEBRUARY 5, 2007
No. 05-12305
THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 04-80011-CR-DTKH
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SEAN L. BRAY,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(February 5, 2007)
Before BLACK, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
Sean L. Bray appeals his convictions for possession of a firearm and
ammunition as a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and
possession of marijuana, in violation of 21 U.S.C. § 844(a). He asserts the district
court abused its discretion by: (1) excluding evidence of a pending internal affairs
investigation regarding two of the Government’s police witnesses; (2) excluding
evidence of prior conduct and a conviction of a non-witness third party who was
allegedly with Bray when he was stopped by police; (3) admitting evidence of
Bray’s tattoo at trial; and (4) admitting evidence of a prior incident when Bray was
stopped by police. Bray also appeals his sentence, contending the district court
erred by applying a sentencing enhancement for Bray’s prior convictions which
were not included in the indictment or part of the jury’s verdict.
We review a district court’s evidentiary rulings for abuse of discretion.
United States v. Tokars, 95 F.3d 1520, 1530 (11th Cir. 1996). We review
preserved constitutional sentencing challenges de novo and reverse only if the
error was harmful. United States v. Paz, 405 F.3d 946, 948 (11th Cir. 2005).
After hearing oral arguments and reviewing the record, we have determined
the district court did not abuse its discretion with regard to the first four issues.
Bray’s sentencing contention is foreclosed by the Supreme Court’s opinion in
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Almendarez-Torres v. United States, 118 S. Ct. 1219 (1998). Thus, we affirm
Bray’s convictions and sentence.
AFFIRMED.
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