United States v. Cheek, 415 F.3d 349, 350 (4th Cir.2005) (<HOLDING>), cert. denied, — U.S.-, 126 S.Ct. 640, 163
holding that sixth amendment not violated when sentence enhanced based on prior convictions that were not charged in indictment or admitted by defendant holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the armed career criminal act holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing as career offender holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt