Case: 17-50198 Document: 00514292346 Page: 1 Date Filed: 01/03/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-50198 Fifth Circuit FILED Summary Calendar January 3, 2018 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff−Appellee, versus QUIRINO PEREZ-MARTINEZ, Defendant−Appellant.

Appeal from the United States District Court for the Western District of Texas No. 2:16-CR-305-1

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: * Quirino Perez-Martinez appeals the sentence for his conviction of illegal

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 17-50198 Document: 00514292346 Page: 2 Date Filed: 01/03/2018

No. 17-50198 reentry. See 8 U.S.C. § 1326(a), (b). He maintains that the sentence violates due process because it was enhanced based on a conviction not alleged in the indictment, but he correctly concedes that his position is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 226−27, 235, 247 (1998).

Accordingly, the government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file its brief is DENIED, and the judgment is AFFIRMED.