*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: [*]
Jorge Bacio-Gonzales appeals the sentence imposed following his guilty plea conviction for reentry of a deported alien. He contends that the district court erred in increasing his offense level pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2015) based on his prior Texas felony convictions for burglary of a habitation under Texas Penal Code § 30.02(a). Bacio-Gonzales argues, under Mathis v. United States , 136 S. Ct. 2243 (2016), that the Texas *2 Case: 16-40663 Document: 00514016100 Page: 2 Date Filed: 06/01/2017
No. 16-40663
burglary statute is not divisible and that not every violation of § 30.02(a) qualifies as a crime of violence under § 2L1.2(b)(1)(A)(ii) (2015).
The Government has filed an opposed motion for summary affirmance asserting that Bacio-Gonzales’s arguments are foreclosed by our recent decision in United States v. Uribe , 838 F.3d 667 (5th Cir. 2016), cert. denied , 2017 WL 661924 (Mar. 20, 2017) (No. 16-7969). In the alternative, the Government requests an extension of time in which to file a brief on the merits.
The Government is correct that Uribe forecloses Bacio-Gonzales’s Mathis argument. See Uribe , 838 F.3d at 669-71. 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.
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[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.