*1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: [*]
Appealing the judgment in a criminal case, Dalia Galeana-Salmeron raises an argument that is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 228, 235 (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 *2 Case: 16-10064 Document: 00513721929 Page: 2 Date Filed: 10/18/2016
No. 16-10064
motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.