U.S. v. Contreras

Full title: UNITED STATES of America, Plaintiff-Appellee v. Jesus Lorenzo CONTRERAS…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 12, 2010

367 F. App'x 504 (5th Cir. 2010)

Opinion

No. 09-50437 Conference Calendar.

February 12, 2010.

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

Vivek Grover, El Paso, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:08-CR-3174-1.

Before GARZA, DENNIS, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Jesus Lorenzo Contreras raises constitutional challenges to the imposition of a mandatory minimum sentence under 21 U.S.C. §§ 841 and 851 based on a prior conviction. As he concedes, his arguments are foreclosed by United States v. Keith, 230 F.3d 784, 787 (5th Cir. 2000), and United States v. Doggett, 230 F.3d 160, 166 (5th Cir. 2000), as well as by Almendarez-Torres v. United States, 523 U.S. 224, 243-47, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.