U.S. v. Gonzalez

Full title: UNITED STATES of America, Plaintiff-Appellee v. Victor H. GONZALEZ…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 30, 2008

264 F. App'x 357 (5th Cir. 2008)

Opinion

No. 07-51135 Conference Calendar.

January 30, 2008.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Federal Public Defender's Office Western District of Texas, San Antonio, TX, for Defendants-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:06-CR-1065-ALL.

Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Appealing the Judgment in a Criminal Case, Victor H. Gonzalez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). See United States v. Mata, 491 F.3d 237, 245 (5th Cir. 2007) (holding that constitutional challenges to 21 U.S.C. § 851 are foreclosed by Almendarez-Torres). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.