
    UNITED STATES of America, Plaintiff-Appellee v. Gerardo RODRIGUEZ-TREVINO, Defendant-Appellant
    No. 16-11655 Summary Calendar
    United States Court of Appeals, Fifth Circuit.
    Filed June 14, 2017
    James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District-of Texas, Dallas, TX, for Plaintiff-Appellee
    
      Kevin Joel Page, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant
    Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Gerardo Rodriguez-Trevino 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 Cír. R. 47,5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir, R. 47.5.4.
     