Appealing the judgment in a criminal case, Carlos Sanchez-Santillan raises an argument that is foreclosed by Almendarez-Torres v. United States, 623 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 360 (1998), which held that convictions used to enhance a sentence under 8 U.S.C. § 1326(b) need not be set forth in the indictment. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.