USA v. Fernandez

Filing 920080430

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED
No. 07-51200 Conference Calendar
April 30, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. ROBERTO ANTONIO FERNANDEZ, JR Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-1017-ALL

Before REAVLEY, JOLLY, and GARZA, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Roberto Antonio Fernandez, Jr., raises arguments challenging the constitutionality of the use of prior convictions pursuant to 21 U.S.C. §§ 841, 851, and 962 to increase his sentence. He concedes that his arguments are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). See, e.g., United States v. Mata, 491 F.3d 237, 245 (5th Cir. 2007), cert. denied, 128 S. Ct. 1219 (2008); United States v.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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No. 07-51200 Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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