UNITED STATES of America, Plaintiff-Appellee, v. Wayne Anthony JOSEPH, Defendant-Appellant, 168 F. App'x 891

PER CURIAM: Wayne Anthony Joseph appeals his sentence for illegal reentry after deportation. 8 U.S.C. § 1326. The penalty for illegal reentry after deportation is two years of imprisonment. Because Joseph was previously convicted of an aggravated felony, he was sentenced to 57 months of imprisonment under

section 1326(b)(2). Joseph argues that his sentence is unconstitutional in the light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and its progeny. Joseph concedes that under Almendarez-Torres v.

United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350, a previous conviction is a sentencing factor that need not be pleaded in the indictment but argues that Almendarez-Torres has been repudiated by a majority of the Supreme Court Justices and should not be followed. “We have held that Almendarez-Torres remains the law until the Supreme Court determines that Almendarez-Torres is not controlling precedent.” United States v. Orduno-Mireles, 405 F.3d 960, 963 (11th Cir.), cert. denied — U.S.-, 126 S.Ct. 223, 163 L.Ed.2d 191 (2005) (internal quotation marks and citation omitted). The sentence is AFFIRMED.