Jesus Donaldo Espinosa-Hernandez appeals his guilty plea conviction of being found in the United States without permission after having been removed. He argues for the first time on appeal that the felony conviction that resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was an element of the offense that should have been charged in the indictment and that 8 U.S.C. § 1326(b)’s felony and aggravated felony provisions are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As he acknowledges, his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). See United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000).

AFFIRMED.