
    UNITED STATES of America, Plaintiff-Appellee, v. Christian Alfredo PRADO-VASQUEZ, Defendant-Appellant.
    No. 06-40510
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 18, 2007.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s, Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
   PER CURIAM:

Christian Alfredo Prado-Vasquez appeals his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1326 by attempting to enter the United States without permission after deportation. He argues, in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that the 46-month term of imprisonment imposed in his case exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury.

Prado-Vasquez’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 he contends that Almendarez-Tor-res 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 Almen-darez-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). Prado-Vasquez 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. The judgment of the district court is 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     