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* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-51135
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
VICTOR H GONZALEZ
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1065-ALL
Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.
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 (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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 30, 2008
Charles R. Fulbruge III
Clerk
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