Vasquez

MEMORANDUM *

Orlando Ray Vasquez (“Vasquez”) appeals his sentence for one count of bank robbery in violation of 18 U.S.C. § 2113 (a). 1 We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we vacate Vasquez’s sentence and remand for resentencing on an open record.

Vasquez challenges the district court’s imposition of an eight-level “career offender” enhancement to his sentence under United States Sentencing Guidelines (“U.S.S.G.”) section 4B1.1. Vasquez argues that an enhancement based on prior convictions whose underlying facts were neither found by a jury nor admitted by Vasquez violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and its progeny. This argument is unavailing. In Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), the United States Supreme Court held that a district court may enhance a sentence based on a prior conviction even if the fact of conviction was not proven to a jury beyond a reasonable doubt or admitted by the defendant. Id. at 239, 247 , 118 S.Ct. 1219 . We have held that Almendarez-Torres remains binding precedent and that Apprendi-based challenges…