United States v. Munoz

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 3, 2007
No. 06-41772
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DANIEL MUNOZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1438-ALL
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case following a remand for
resentencing, Daniel Munoz raises arguments challenging the constitutionality
of 21 U.S.C. §§ 841 and 851 that he concedes are foreclosed by the law of the case
doctrine and by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).
See United States v. Mata, 491 F.3d 237, 245 (5th Cir. 2007) (holding that
constitutional challenges to §§ 841 and 851 are foreclosed by Almendarez-
*
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should not be published and is not precedent except under the limited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. 06-41772
Torres); United States v. Matthews, 312 F.3d 652, 657 (5th Cir. 2002) (holding
that under the law of the case doctrine, an issue of fact or law decided on appeal
may not be reexamined by the appellate court on a subsequent appeal). The
Government's motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.
2