Case: 09-50437 Document: 00511027092 Page: 1 Date Filed: 02/12/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2010
No. 09-50437
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS LORENZO CONTRERAS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:08-CR-3174-1
Before GARZA, DENNIS, and ELROD, Circuit Judges.
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 (1998). The
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-50437 Document: 00511027092 Page: 2 Date Filed: 02/12/2010
No. 09-50437
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.
2