Conference Calendar UNITED STATES OF AMERICA v. Roberto Antonio Fernandez, Jr

* 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should not be published and is not precedent except under the limited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. 07-51200
Conference Calendar
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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 30, 2008
Charles R. Fulbruge III
Clerk

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No. 07-51200
2
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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