J. Fidel Lopez-Zamora appeals his sentence for illegal reentry following deportation. Lopez-Zamora contends that the 41-month term of imprisonment imposed in his case, based on the enhanced penalty provisions of 8 U.S.C. § 1326(b), exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. The Government moves for summary affirmance on the grounds that Lopez-Zamora’s argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). As Lopez-Zamora concedes, the Government is correct. See Almendarez-Torres, 523 U.S. at 235, 118 S.Ct. 1219; United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir. 2005).

Lopez-Zamora filed a motion for appointment of counsel in July 2006, after his counsel had moved to withdraw. The motion to withdraw was denied, and Lopez-Zamora has filed no pleading seeking removal of counsel. Therefore, his motion for appointment of counsel is DENIED as moot.

Because Lopez-Zamora’s argument is foreclosed, the Government’s motion for summary affirmance is GRANTED. The Government’s alternative motion for an extension of time for filing an appellate brief is DENIED, and the judgment of the district court is AFFIRMED.