Brent Hughes appeals the sentence imposed following his guilty plea conviction of sexual abuse of a minor in violation of 18 U.S.C. § 2243(a). Hughes argues that under the reasoning of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), a fact must be alleged in the indictment before it may be used to increase the maximum guideline sentence. Hughes acknowledges that his contention is foreclosed by this court’s decision in United States v. Randle, 304 F.3d 373 (5th *672 Cir. 2002), but he seeks to preserve his argument for possible further review.

The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED. The judgment of the district court is AFFIRMED.

AFFIRMED; MOTION GRANTED.