Conference Calendar UNITED STATES OF AMERICA v. Jesus Sotelo

* 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should not be published and is not precedent except under the limited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. 07-40379
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JESUS SOTELO
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-1045-1
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jesus Sotelo raises
arguments challenging the constitutionality of 21 U.S.C. §§ 841 and 851 that he
concedes are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235
(1998). United States v. Mata, 491 F.3d 237, 245 (5th Cir. 2007). 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
October 3, 2007
Charles R. Fulbruge III
Clerk

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