
    UNITED STATES of America, Plaintiff-Appellee v. Jaime Rafael RUIZ-OSORIO, Defendant-Appellant
    No. 16-11075
    Conference Calendar
    United States Court of Appeals, Fifth Circuit.
    Filed February 21, 2017
    
      James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee
    Sherylynn Ann Kime-Goodwin, Assistant Federal Public Defender, Helen Miller Liggett, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, Lara Wynn, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant
    Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Jaime Rafael Ruiz-Osorio 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     