
    UNITED STATES of America, Plaintiff-Appellee v. Angel FRERE-GOMEZ, Defendant-Appellant.
    No. 07-50423
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 8, 2007.
    Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before KING, BARKSDALE, and DENNIS, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Angel Frere-Gomez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). See United States v. Mata, 491 F.3d 237, 245 (5th Cir.2007) (holding that constitutional challenges to 21 U.S.C. § 851 are foreclosed by Almendarez-Torres). The Government’s motion for summary affirmance 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.
     