Conference Calendar UNITED STATES OF AMERICA v. Domingo Espinoza-Moreno

* 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should not be published and is not precedent except under the limited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. 07-40354
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DOMINGO ESPINOZA-MORENO
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-1408-ALL
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Domingo Espinoza-Moreno
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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