Having pleaded guilty of illegal re-entry after deportation, Salvador Vega-Diaz ap *721 peals his forty-six-month sentence of imprisonment, which is to be followed by a three-year term of supervised release. He argues that his sentence under a mandatory application of the sentencing guidelines must be vacated in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We review this issue for harmless error, because Vega-Diaz did raise it in the district court.

Our review of the record convinces us that the district court would have imposed a lower sentence under advisory guidelines. Consequently, we vacate the sentence and remand for resentencing. United States v. Pennell, 409 F.3d 240, 246 (5th Cir. 2005); United States v. Gracia-Cantu, 302 F.3d 308, 313 (5th Cir. 2002).

The decision to remand makes it unnecessary for us to address whether the enhancement of Vega-Diaz’s sentence based on prior drug trafficking convictions pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i) constitutes reversible error in light of United States v. Gutierrez-Ramirez, 405 F.3d 352, 353-60 (5th Cir. 2005). United States v. Angeles-Mendoza, 407 F.3d 742, 754 & nn. 26-27 (5th Cir. 2005). The district court will have the benefit on remand of the record supplements provided by the government relative to this issue.

Finally, Vega-Diaz argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(a) and (b) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We agree with Vega-Diaz’s concession that this issue is foreclosed. See Almendarez-Torres v. United States, 523 U.S. 224, 247, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); United States v. Mancia-Perez, 331 F.3d 464, 470 (5th Cir. 2003).

The judgment of sentence is VACATED and REMANDED for resentencing.