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

PER CURIAM: ^[*]

Quirino Perez-Martinez appeals the sentence for his conviction of illegal *2 Case: 17-50198 Document: 00514292346 Page: 2 Date Filed: 01/03/2018

No. 17-50198

reentry. See 8 U.S.C. § 1326(a), (b). He maintains that the sentence violates due process because it was enhanced based on a conviction not alleged in the indictment, but he correctly concedes that his position is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 226 − 27, 235, 247 (1998). Accordingly, the government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file its brief is DENIED, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.