UNITED STATES of America, Plaintiff-Appellee, v. Carlos Roberto ARREAGA-LOPEZ, also known as Jose Angel Arriola, also known as Juan Carlos Arriola, also known as Carlos Lopez, Defendant-Appellant, 169 F. App'x 226

PER CURIAM: Carlos Roberto Arreaga-Lopez appeals his sentence under 8 U.S.C. § 1326 for illegal reentry into the United States after having been deported. Arreaga-Lopez argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(

b) are unconstitutional. This challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Arreaga-Lopez contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi, we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, — U.S. -, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005).

Arreaga-Lopez properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.