*1 Before KING, DENNIS, and COSTA, Circuit Judges.

PER CURIAM: ^[*]

Appealing the judgment in a criminal case, Arturo Montes Benavides raises arguments that are foreclosed by United States v. Gonzalez-Longoria , 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 30, 2016) (No. 16-6259). In Gonzalez-Longoria , 831 F.3d at 672, 677-78, we held that 18 U.S.C. § 16(b) is not unconstitutionally vague on its face in light of Johnson v. United States , 135 S. Ct. 2551 (2015), and can be applied without *2 Case: 15-20487 Document: 00513802273 Page: 2 Date Filed: 12/19/2016

No. 15-20487

violating due process. 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.