Dawson

MEMORANDUM **

In these consolidated appeals, Timothy Kana Dawson appeals from the sentence imposed following his guilty pleas to bank robbery, in violation of 18 U.S.C. § 2113 (a); possession of a firearm in connection with a crime of violence, in violation of 18 U.S.C. § 924 (c)(1)(A); and escape, in violation of 18 U.S.C. § 751 (a).

Dawson contends that his Fifth and Sixth Amendment rights were violated when the district court sentenced him as a career offender under U.S.S.G. § 4B1.1 based on prior convictions that were neither alleged in the indictment nor admitted nor proved to a jury beyond a reasonable doubt. He further argues that the avoidance-of-constitutional-doubt doctrine requires that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), be limited to the holding that a prior conviction that increases the maximum penalty need not be alleged in the indictment when the prior conviction, unlike here, is admitted as part of a guilty plea.

These contentions are foreclosed. See United States v. Brown, 417 F.3d 1077, 1078-79 (9th Cir.2005) (holding that for a career-offender enhancement the fact of defendant’s prior convictions need…