
    UNITED STATES of America, Plaintiff-Appellee, v. Geronimo CRUZ, Defendant-Appellant.
    No. 16-11747 Summary Calendar
    United States Court of Appeals, Fifth Circuit.
    Filed September 21, 2017
    James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee
    Brandon Elliott Beck, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, Lara Wynn, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant
    Before JOLLY, OWEN,’ and HAYNES, Circuit Judges.
   PER CURIAM:

Gerónimo Cruz pleaded guilty to illegally reentering the United States and received a 33-month prison sentence to be followed by three years of supervised release. On appeal, Cruz argues that the district court violated his right to due process by imposing a prison term greater than the two-year maximum sentence authorized under 8 U.S.C. § 1326(a) because his indictment did not allege that he had a prior conviction permitting a higher sentence under § 1326(b).

The Government has filed an unopposed motion for summary affirmance, asserting that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), forecloses Cruz’s argument. Cruz concedes that his argument is foreclosed and explains that he raises it only to preserve it for further review; 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 judgment is AFFIRMED. The Government’s alternative motion for an extension of time to file a brief is DENIED, 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. 47.5.4.
     