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, 

, 787 (5th Cir.
2000), and United States v. Doggett, 

, 166 (5th Cir. 2000), as well as
by Almendarez-Torres v. United States, 

, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.




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