*1 Before REAVLEY, PRADO, and GRAVES, Circuit Judges.

PER CURIAM: ^[*]

Diego Alberto Castilleja-Limon appeals his sentence of 16 months of imprisonment and three years of supervised release for illegal reentry after deportation. He argues that the district court erroneously determined that his sentence was subject to an enhancement under 8 U.S.C. § 1326(b). He asserts that his indictment did not allege that he had a prior conviction, and that *2 Case: 17-10324 Document: 00514226565 Page: 2 Date Filed: 11/06/2017

No. 17-10324

therefore, the enhancement violated his due process rights because his sentence exceeded the statutory maximum.

The Government has filed an unopposed motion for summary affirmance, asserting that Almendarez-Torres v. United States , 523 U.S. 224 (1998), forecloses Castilleja-Limon’s argument. Castilleja-Limon concedes that his argument is foreclosed and explains that he raises it only to preserve it for further review; thus, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is GRANTED. The judgment is AFFIRMED. The Government’s alternative motion for an extension of time to file a brief is DENIED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.