*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: ^[*]

Appealing the judgment in a criminal case, Hector Rea-Ponce raises an *2 Case: 17-10016 Document: 00514233066 Page: 2 Date Filed: 11/10/2017

No. 17-10016

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. Accord- ingly, the government’s unopposed motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file its brief is DENIED as unnecessary, and the judgment is AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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