[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 12, 2012
No. 11-13376
JOHN LEY
Non-Argument Calendar
CLERK
________________________
D.C. Docket No. 9:11-cr-80005-KLR-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY L. FINKLEA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(January 12, 2012)
Before WILSON, PRYOR and BLACK, Circuit Judges.
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.
Finklea’s argument is foreclosed by Almendarez-Torres v. United States, 523 U.S.
224, 226–27, 118 S. Ct. 1219, 1222 (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.
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