Jose Santiago Sanchez-Herrera appeals his conviction and sentence for illegal reentry into the United States after deportation following a conviction for an aggravated felony. The Government seeks to dismiss Sanchez-Herrera’s appeal as barred by the appellate waiver provision in his plea agreement.

Sanchez-Herrera’s conviction was pursuant to a written plea agreement. In the agreement, Sanchez-Herrera waived the right to have facts that the law makes essential to the punishment either charged in the indictment, proven to a jury, or proven beyond a reasonable doubt. Sanchez-Herrera also waived the right to appeal his sentence, but reserved the right to appeal a sentence in excess of the statutory maximum sentence. We assume, arguendo only, that the waiver does not bar the instant appeal.

Sanchez-Herrera cannot succeed in this appeal, however, because his constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Sanchez-Herrera contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that AlmendarezTorres remains binding. See United *369 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). Sanchez-Herrera 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.

AFFIRMED.