
    UNITED STATES of America, Plaintiff-Appellee v. Bonifacio GOROSTIETA-CASAS, Defendant-Appellant
    No. 15-11277
    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.
    Kevin Joel Page, Felix Ruben Marquez, 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, Bonifacio Gorostieta-Casas 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       Pursuant to 5th Cir. R.- 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     