United States v. Gonzalez

264 F. App'x 357

Opinion

PER CURIAM: *

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.

* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.