
    UNITED STATES of America, Plaintiff-Appellee v. Luis Felipe Delacruz HERNANDEZ, Defendant-Appellant
    No. 15-11023
    Conference Calendar
    United States Court of Appeals, Fifth Circuit.
    Date Filed: 06/21/2016
    James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.
    Jason Douglas Hawkins, Federal Public Defender, Laura S. Harper, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.
    Before JONES, CLEMENT, and OWEN, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Luis Felipe Delacruz Hernandez raises an argument that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 228, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that convictions used to enhance a sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment. Accordingly, the motion for summary affirmance is GRANTED, the 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     