Servando Rodriguez-Cuellar pleaded guilty to an indictment charging him with being an alien unlawfully found in the United States after deportation following an aggravated-felony conviction. Rodriguez-Cuellar was sentenced to 46 months in prison. He gave timely notice of appeal.

*386 Rodriguez-Cuellar challenges the constitutionality of 8 U.S.C. § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The Government argues that the waiver provision in Rodriguez-Cuellar’s plea agreement precludes his attack on the constitutionality of § 1326(b) and that, as a result of the waiver, Rodriguez-Cuellar lacks standing to challenge the constitutionality of § 1326(b). We assume, arguendo only, that the waiver does not bar the instant appeal.

Rodriguez-Cuellar’s constitutional challenge to § 1326(b), however, is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although RodriguezCuellar contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. 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). Rodriguez-Cuellar 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. The judgment of the district court is AFFIRMED.