UNITED STATES of America, Plaintiff-Appellee, v. Wilfredo CANALES-CASTILLO, also known as Wilfredo Villatoro-Canales, Defendant-Appellant, 134 F. App'x 775

PER CURIAM: Wilfredo Canales-Castillo appeals from the sentence imposed following his guilty plea to illegal reentry. See 8 U.S.C. § 1326(b). He argues pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), should be overruled. He concedes that his constitutional argument is foreclosed by Almendarez-Torres, and he raises it to preserve its further review’by the Supreme Court and to prevent procedural default in the event the law changes.

Apprendi did not overrule Almendarez-Torres. See Apprendi, 530 U.S. at 489-90, 120 S.Ct. 2348; United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.2000). We therefore must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit, 231 F.3d at 984 (internal quotation marks and citation omitted). 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.