USA v. Frere-Gomez

Filing 920071108


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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-50423 Conference Calendar November 8, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ANGEL FRERE-GOMEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1883-ALL Before KING, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Angel Frere-Gomez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

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