IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-41430
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FELIPE ALBERTO GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-284-1
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August 22, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Felipe Alberto Gonzalez appeals his sentence from his
guilty-plea conviction for possession with the intent to
distribute heroin. We decline the appellee’s suggestion to
dismiss the appeal without consideration of the arguments
submitted by Gonzalez’s retained counsel.
Gonzalez challenges the prior conviction used to enhance his
sentence pursuant to 21 U.S.C. § 851. He contends that his prior
conviction is unconstitutional because the applicable Texas
statute at the time of that conviction, 1968, treated differently
*
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that this opinion should not be published and is not precedent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.
No. 99-41430
-2-
males and females of the same age for purposes of trying
seventeen-year old individuals as adults. Gonzalez’s argument is
foreclosed by the limitation period of § 851(e). See United
States v. Gonzales, 79 F.3d 413, 426-27 (5th Cir. 1996).
Gonzalez also challenges the district court’s decision not
to award Gonzalez the additional one-level reduction to his
offense level pursuant to U.S.S.G. § 3E1.1(b). We detect no
clear error by the district court. See United States v.
Williams, 74 F.3d 654, 656-57 (5th Cir. 1996).
AFFIRMED.