UNITED STATES of America, Plaintiff-Appellee v. Armando LEYVA-MUNOZ, Defendant-Appellant, 605 F. App'x 393

PER CURIAM: Appealing the judgment in a criminal case, Armando Leyva-Munoz raises an argument that he concedes is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 228, 231-35, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), in which the Supreme Court determined that convictions used to enhance a sentence under 8 U.S.C. § 1326(

b) need not be set forth in the indictment. Accordingly, the Government’s motion for

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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.