
    UNITED STATES of America, Plaintiff-Appellee v. Brian Keith WARREN, Defendant-Appellant.
    No. 11-10417
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 17, 2012.
    Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
    Jerry Van Beard, Esq., Assistant Federal Public Defender, Douglas Anthony Morris, Esq., Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Brian Keith Warren contends that the district court erred by relying on U.S.S.G. § 2G2.2 at sentencing because that provision was not the result of the Sentencing Commission’s application of its own expertise and because it is not supported by empirical evidence. He concedes that this argument has been rejected as to other guideline sentencing provisions. See United States v. Duarte, 569 F.3d 528, 530 (5th Cir.2009). His argument is foreclosed by United States v. Miller, 665 F.3d 114, 118-26 (5th Cir.2011). Accordingly, the Government’s motion for summary af-firmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     