
    UNITED STATES of America, Plaintiff-Appellee v. Joseph Jose BENITEZ, Defendant-Appellant.
    No. 11-20419
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Jan. 4, 2012.
    Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Cynthia Jean-Marie Cline, Esq., Houston, TX, for Defendant-Appellant.
    Before KING, JOLLY, and SMITH, Circuit Judges.
   PER CURIAM:

Joseph Jose Benitez presents arguments that he concedes are foreclosed by United States v. Tickles, 661 F.3d 212, 214-15 (5th Cir.2011), which held that the Fair Sentencing Act of 2010 (FSA) does not apply retroactively to a defendant who is sentenced after the effective date of the FSA but whose offense preceded the FSA’s effective date. Benitez raises his arguments solely to preserve them for further review. The Government has moved for summary affirmance, or for an extension of time to file a brief.

The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s alternative motion for an extension of time to file a brief is DENIED. 
      
       Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     