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UNITED STATES of America, Plaintiff-Appellee v. Jesus Lorenzo CONTRERAS, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2010-02-12No. No. 09-50437
367 F. App'x 504

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Opinion

majority opinion

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, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). The Government’s motion for summary af-firmance is GRANTED, and the judgment of the district court is AFFIRMED.

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.