USA v. Jesus Contreras

Filing 920100218

Case: 09-50437

Document: 00511027092

Page: 1

Date Filed: 02/12/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-50437 Conference Calendar February 12, 2010 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS LORENZO CONTRERAS, 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:* 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 (1998). The

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

*

Case: 09-50437

Document: 00511027092 Page: 2 No. 09-50437

Date Filed: 02/12/2010

Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

2