
    UNITED STATES of America, Plaintiff-Appellee v. German RODRIGUEZ-CALDERON, Defendant-Appellant.
    No. 15-50251
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 17, 2016.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, U.S. ATtor-nejfs Office, for Plaintiff-Appellee.
    Bradford W. Bogan, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
    Before DAVIS, SMITH, and PRADO, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4,
     