
    UNITED STATES of America, Plaintiff-Appellee, v. Feliciano MEDINA-LOPEZ, also known as Come Medina, Defendant-Appellant.
    No. 05-40646.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided Dec. 14, 2005.
    James Lee Turner, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.
    
      Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Houston, TX, for Defendanfr-Appellant.
    Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
   PER CURIAM:

Feliciano Medina-Lopez pleaded guilty to attempting to enter the United States after a previous deportation. Medina-Lopez’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Medina-Lopez 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, — L.Ed.2d — (2005). Medina-Lopez properly concedes that his argument is foreclosed in light of AlmendarezTorres 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      Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     