
    UNITED STATES of America, Plaintiff-Appellee v. Jesus Enrique GONZALEZ-URQUIZA, Defendant-Appellant.
    No. 09-50571
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 20, 2010.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Joseph Dean Vasquez, El Paso, TX, for Defendant-Appellant.
    Before SMITH, PRADO, and HAYNES, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Jesus Enrique Gonzalez-Urquiza raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that convictions used to enhance a sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     