Juan Francisco Matamoros-Lara appeals the sentence imposed under the United States Sentencing Guidelines following his conviction of concealing and transporting illegal aliens in violation of 8 U.S.C. § 1324. For the first time on appeal, Matamoros-Lara argues that he was sentenced in violation of his Sixth Amendment right to a jury trial, as set out in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Matamoros-Lara’s argument is foreclosed by this court’s decision in United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir. 2004)(holding that Blakely does not apply to the federal sentencing guidelines), petition for cert. filed (July 14, 2004) (No. 04-5263). Accordingly, the judgment of the district court is AFFIRMED. Matamoros-Lara’s motion to abate the proceedings in his case is DENIED.

AFFIRMED; MOTION DENIED.