*1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

PER CURIAM: ^[*]

Appealing the judgment in a criminal case, Gerardo Rodriguez-Trevino 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: 16-11655 Document: 00514033615 Page: 2 Date Filed: 06/14/2017

No. 16-11655

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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