UNITED STATES of America, Plaintiff-Appellee, v. Gary L. FINKLEA, Defendant-Appellant, 451 F. App'x 860

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.