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.