United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 24, 2006

Charles R. Fulbruge III Clerk No. 05-40917 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PEDRO ANAYA-GOMEZ, also known as Enrique Nava-Vasquez, also known as Jose Hernandez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-128-ALL --------------------

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Pedro Anaya-Gomez appeals from his guilty-plea conviction

for illegal reentry into the United States. He argues that the

provisions of

(b) are unconstitutional in light of

Apprendi v. New Jersey,

(2000). Anaya-Gomez’s

constitutional challenge is foreclosed by Almendarez-Torres v.

United States,

(1998). Although Anaya-Gomez

contends that Almendarez-Torres was incorrectly decided and that

a majority of the Supreme Court would overrule Almendarez-Torres

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-40917 -2-

in light of Apprendi, we have repeatedly rejected such arguments

on the basis that Almendarez-Torres remains binding. See United

States v. Garza-Lopez,

(5th Cir.), cert.

denied,

(2005). Anaya-Gomez properly concedes

that his argument is foreclosed in light of Almendarez-Torres and

circuit precedent, but he raises it here to preserve it for

further review.

Accordingly, the district court’s judgment is AFFIRMED.