Malik Idis Houston appeals from his conviction of conspiracy and using, carrying, and brandishing a firearm. He contends that he was deprived of his right to indictment by a grand jury because the elemental facts required to support a conviction based on the actions of a coconspirator, pursuant to Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946), were not presented to a grand jury and included in the superseding indictment. The Government moves for dismissal of Houston’s appeal or for summary affirmance.

Houston’s contention is foreclosed. See United States v. Creech, 408 F.3d 264, 273 (5th Cir. 2005).

AFFIRMED. MOTION FOR DISMISSAL OR SUMMARY AFFIRMANCE DENIED.