Case: 23-10151 Document: 00516855117 Page: 1 Date Filed: 08/11/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10151 Summary Calendar FILED ____________ August 11, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Hector Francisco Santos-Flores, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-75-1 ______________________________ Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam: * Hector Francisco Santos-Flores appeals his sentence for illegal reentry into the United States after having been removed, in violation of 8 U.S.C. § 1326(a) and (b)(1). He contends that because the indictment did not allege and he did not admit as part of his guilty plea that he sustained a qualifying conviction prior to his removal, the district court erred in _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10151 Document: 00516855117 Page: 2 Date Filed: 08/11/2023

No. 23-10151

determining that he was subject to a 10-year maximum sentence under § 1326(b). However, he concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and merely raises this issue to preserve it for further review. The Government has moved without opposition for summary affirmance, or, alternatively, for an extension of time to file a brief.

Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), 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, and the district court’s judgment is AFFIRMED.