Bonnington

MEMORANDUM **

Defendant Timothy Bonnington appeals the 120-month sentence imposed following his guilty plea for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A). Bonnington was also charged in a single count information establishing a prior conviction of a drug offense under 21 U.S.C. § 851 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 8742 (a).

Bonnington claims that the district court erred by finding the fact of his previous conviction, asserting that a jury must make that determination by proof beyond a reasonable doubt. Bonnington argues that the Supreme Court’s holding in. Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), providing that the fact of a prior conviction was a sentencing factor for the court, id. at 239-17 , 118 S.Ct. 1219 , has been undermined and effectively overruled by more recent precedent. See, e.g., Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005); United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004);…