UNITED STATES of America, Plaintiff-Appellee v. Francisco LUNA-SAMANO, Defendant-Appellant, 333 F. App'x 905

PER CURIAM: Francisco Luna-Samano appeals the sentence imposed following his conviction of unlawful reentry pursuant to 8 U.S.C. § 1326. Luna-Samano contends that the district court erred by imposing a crime of violence enhancement based on his prior Texas offense of indecency with a child under 17, a violation of § 21.11(

a) of the Texas Penal Code. The Government moves for

summary affirmance or, in the alternative, for an extension of time to file a brief. As Luna-Samano concedes, his argument is foreclosed by circuit precedent. See United States v. Najera-Najera, 519 F.3d 509, 511-12 (5th Cir.), cert. denied, - U.S. -, 129 S.Ct. 139, 172 L.Ed.2d 105 (2008); United States v. Zavala-Sustaita, 214 F.3d 601, 607-08 (5th Cir.2000). Accordingly, the motion for

summary affirmance is GRANTED and the judgment of the district court is AFFIRMED. The Government’s motion for an extension of time to file a brief is DENIED. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.