
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Francisco HERNANDEZ RIVERA, also known as Hugo Alberto Ugarte-Duarte, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jose Francisco Hernandez Rivera, also known as Jose Albert Gonzalez-Gonzalez, also known as Luis Alberto Lacayo-Perez, Defendant-Appellant.
    Nos. 03-41610, 03-41615.
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided Oct. 13, 2004.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Reynaldo Santos Cantu, Jr., Roland E Dahlin, II, Federal Public Defender, Molly E. Odom, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
   PER CURIAM:

In this consolidated appeal, Jose Francisco Hernandez-Rivera appeals his guilty-plea conviction for illegal reentry following deportation subsequent to a conviction for a felony (No. 03-41610) and the revocation of his supervised release on a charge of illegal reentry (No. 03-41615). He argues, pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are elements of the offense, not sentence enhancements, making those provisions unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), and he raises it for possible review by the Supreme Court.

This argument is foreclosed by Almendarez-Torres, 523 U.S. at 235, 118 S.Ct. 1219. We must follow the precedent set forth in Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.2000) (internal quotation and citation omitted).

Hernandez-Rivera argues that if the court grants his requested relief and vacates and remands for resentencing, the court should also remand the district court’s revocation of his supervised release for reconsideration in light of the reduced seriousness of the illegal-reentry offense. Hernandez-Rivera does not brief any argument concerning how or why any potential reduction in his sentence stemming for his conviction for illegal reentry following deportation subsequent to a conviction for a felony would have any bearing on the sentence the district court imposed upon revocation of his supervised release. He

has therefore abandoned his appeal from the revocation of his supervised release. United States v. Valdiosera-Godinez, 932 F.2d 1093, 1099 (5th Cir.1991).

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.
     