Case: 15-40872 Document: 00513383930 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-40872 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ERNESTO GALVAN-MATA, also known as Eduardo Martinez, also known as Wilfredo Garza, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1761-1

Before DAVIS, SMITH, and PRADO, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Ernesto Galvan-Mata 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. The motion for summary affirmance is GRANTED, the alternative motion for an extension

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Case: 15-40872 Document: 00513383930 Page: 2 Date Filed: 02/17/2016

No. 15-40872 of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.