-
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2560 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Thomas Charles Goodfellow, * * [UNPUBLISHED] Appellant. * ___________ Submitted: April 27, 2007 Filed: May 7, 2007 ___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges. ___________ PER CURIAM. Thomas Charles Goodfellow (Goodfellow) pled guilty to bank robbery, in violation of
18 U.S.C. § 2113(a). Designating him as a career offender, see U.S.S.G. § 4B1.1, the district court1 sentenced Goodfellow to 151 months’ imprisonment and 3 years’ supervised release. Goodfellow now argues, as he did below, that the enhancement of his sentence based on previous convictions that were neither charged in the indictment, nor proved 1 The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri. to a jury beyond a reasonable doubt, violated the Sixth Amendment. Upon our de novo review, see United States v. Buckner,
894 F.2d 975, 978 (8th Cir. 1990) (de novo review of constitutional issues), we find this argument unavailing. See Almendarez-Torres v. United States,
523 U.S. 224, 246 (1998) (holding sentence- enhancing previous convictions need not be proved to jury); see, e.g., United States v. Perry,
437 F.3d 782, 786 (8th Cir. 2006) (rejecting Sixth Amendment challenge to district court's determination defendant had two previous controlled-substance offenses); United States v. Torres-Alvarado,
416 F.3d 808, 810 (8th Cir. 2005) (stating “we are bound by Almendarez-Torres until the Supreme Court explicitly overrules it”). We affirm the judgment of the district court. ______________________________ -2-
Document Info
Docket Number: 06-2560
Citation Numbers: 223 F. App'x 521
Judges: Magill, Melloy, Per Curiam, Riley
Filed Date: 5/7/2007
Precedential Status: Non-Precedential
Modified Date: 11/5/2024