IT IS ORDERED that Appellee’s unopposed motion to vacate the sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand this case to District Court for re-sentencing consistent with our decision in United States v. Bonilla-Mungia, 422 F.3d 316, 320 (5th Cir.), cert. denied, — U.S. -, 126 S.Ct. 819, 163 L.Ed.2d 644 (2005), is GRANTED.

For purposes of that re-sentencing, Noriega’s constitutional challenge to the sentencing provisions of 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Noriega contends Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule it in the light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Almendarez-Torres remains binding precedent. 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). Noriega concedes Almendarez-Torres and circuit precedent foreclose this challenge; he raises it to preserve it for possible further review.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RE-SENTENCING.