Case: 20-10137 Document: 00515527517 Page: 1 Date Filed: 08/14/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-10137 August 14, 2020 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Luis Alberto Andrade-Salas, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-150-1

Before Haynes, Willett, and Ho, Circuit Judges.

Per Curiam:* Luis Alberto Andrade-Salas argues that his guilty plea was involuntary because the district court failed to advise him at rearraignment that his prior felony conviction was an essential element of his illegal reentry offense under 8 U.S.C. § 1326(b)(1). He also contends that his sentence under § 1326(b)(1)

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 20-10137 Document: 00515527517 Page: 2 Date Filed: 08/14/2020

No. 20-10137

is unconstitutional because it is based on facts neither alleged in his indictment nor proven to a jury beyond a reasonable doubt.

As Andrade-Salas concedes, his arguments are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Rojas-Luna, 522 F.3d 502, 505-06 (5th Cir. 2008). Thus, summary affirmance is appropriate.

See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED AS MOOT, and the judgment of the district court is AFFIRMED.