Case: 16-10100 Document: 00513804297 Page: 1 Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16-10100 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. CAYETANO SANDOVAL, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-133-1

Before DENNIS, PRADO, and OWEN, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Cayetano Sandoval raises an argument that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10100 Document: 00513804297 Page: 2 Date Filed: 12/20/2016

No. 16-10100 extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.