UNITED STATES of America, Plaintiff-Appellee, v. Juan GOMEZ-REYES, Defendant-Appellant, 185 F. App'x 424

PER CURIAM: Juan Gomez-Reyes (Gomez) pleaded guilty to being found unlawfully in the United States following deportation and was sentenced to a 46-month term of imprisonment and to a two-year period of supervised release. Gomez has appealed his conviction and sentence and contends that the felony and aggravated felony provisions of 8 U.S.C. § 1326(

b) are unconstitutional on their face and as applied to him. Gomez’s constitutional 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 Gomez contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres, 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).

Gomez 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.