United States v. Melvin

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005

Charles R. Fulbruge III Clerk No. 05-50749 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DONALD MELVIN,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-2788-1 --------------------

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Donald Melvin

raises arguments that are foreclosed by United States v. Doggett,

230 F.3d 160, 166 (5th Cir. 2000), which held that Almendarez-

Torres v. United States, 523 U.S. 224, 235 (1998), still controls

prior conviction enhancements under 21 U.S.C. § 841,

notwithstanding Apprendi v. New Jersey, 530 U.S. 466 (2000). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.