UNITED STATES of America, Plaintiff-Appellee, v. Carlos ESTRELLA-CAMBRANIS, Defendant-Appellant, 203 F. App'x 643

PER CURIAM: Carlos Estrella-Cambranis appeals his guilty-plea conviction of illegal reentry and his sentence of 18 months of imprisonment and three years of unsupervised release. Estrella-Cambranis challenges the constitutionality of 8 U.S.C. § 1326(b). Estrella-Cambranis’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 Estrella-Cambranis contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v.

New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that AlmendarezTorres 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). Estrella-Cambranis 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R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.