Case: 15-11094 Document: 00513638737 Page: 1 Date Filed: 08/16/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-11094 Fifth Circuit FILED Conference Calendar August 16, 2016 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. RODGER JACK DEPUTE, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-121-1

Before REAVLEY, ELROD, and GRAVES, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Rodger Jack DePute raises an argument that is foreclosed by United States v. Groce, 784 F.3d 291, 294-95 (5th Cir. 2015), in which we held that the knowing use of peer-to-peer file sharing software triggers application of the distribution enhancement under U.S.S.G. § 2G2.2(b)(3)(B). Accordingly, the motion for summary affirmance is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-11094 Document: 00513638737 Page: 2 Date Filed: 08/16/2016

No. 15-11094 GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.