Opinion
No. 15-11277
06-21-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee v. BONIFACIO GOROSTIETA-CASAS, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 3:15-CR-267-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
Appealing the judgment in a criminal case, Bonifacio Gorostieta-Casas 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 motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.