Roberto Ramirez-Guerrero pleaded guilty to one count of unlawfully reentering the United States after having been removed subsequent to an aggravated felony conviction in violation of 8 U.S.C. § 1326. In his sole point of error on appeal, Ramirez-Guerrero challenges the constitutionality of § 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).

Ramirez-Guerrero’s 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 Ramirez-Guerrero 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). Ramirez-Guerrero properly concedes that his argument is foreclosed in light of Almendarez-Torres, but he raises it here to preserve it for further review.

AFFIRMED.