Rafael Villalobos appeals from his guilty-plea conviction of reentry of a deported alien, in violation of 8 U.S.C. § 1326(b)(2) and 6 U.S.C. §§ 202, 557. He argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

As Villalobos concedes, his argument that the sentencing provisions in 8 U.S.C. § 1326(b) are unconstitutional was rejected in Almendarez-Torres, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Apprendi did not overrule Almendarez-Torres. See Apprendi, 530 U.S. at 489-90, 120 S.Ct. 2348. This court must follow the precedent set in Almendarez-Torres unless the Supreme Court overrules it. See United States v. Rivera, 265 F.3d 310, 312 (5th Cir. 2001). Villalobos’s argument is foreclosed.

The judgment of the district court is AFFIRMED.