
    UNITED STATES of America, Plaintiff-Appellee v. Jose Antonio HERNANDEZ, Defendant-Appellant.
    No. 14-41275
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Aug. 18, 2015.
    Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Roberto Balli, Attorney, Laredo, TX, for Defendant-Appellant.
    Jose Antonio Hernandez, Laredo, TX, pro se.
    Before JOLLY, GRAVES, and COSTA, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Jose Antonio Hernandez presents 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. The motion for summary af-firmance 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     