
    UNITED STATES of America, Plaintiff-Appellee, v. Juan Dedios GARCIA-GARZA, Defendant-Appellant.
    No. 05-41813.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided Oct. 25, 2006.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
   PER CURIAM:

Juan Dedios Garda-Garza (Garcia) appeals his sentence under 8 U.S.C. § 1326 for illegal reentry into the United States after deportation for a prior aggravated felony conviction.

Garcia argues that the “felony” and “aggravated felony” provisions of § 1326(b) are unconstitutional. This 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 Garcia 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 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). Garcia 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     