Holcomb

MEMORANDUM **

Floyd David Holcomb (“Holcomb”) pled guilty to one count of unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). Due to Holcomb’s previous convictions, the district court applied the Career Offender enhancement pursuant to U.S.S.G. § 4Bl.l(b) and sentenced Holcomb to 151 months in custody. Holcomb appeals his sentence on three grounds: (1) the district court violated his Fifth and Sixth Amendment rights by relying on facts regarding his prior convictions that had not been proven to a jury; (2) the Career Offender enhancement should not apply because Holcomb does not have two requisite felony convictions; and (3) the sentence violates United States v. Booker because it is unreasonable. We affirm.

First, Holcomb’s argument that the district court erred by not proving his prior convictions to a jury beyond a reasonable doubt lacks merit. In Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), the Supreme Court expressly stated that a prior conviction can be used in sentencing without being proved to a jury, id. at 239-47 , 118 S.Ct. 1219 ; it is well-settled that even after Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct.…