Having pleaded guilty to being an alien unlawfully found in the United States after deportation, in violation of 8 U.S.C. § 1326, Guadalupe Rangel-Trevino contends the district court erroneously construed his prior Texas conviction for aggravated assault as a crime of violence and incorrectly applied a sentence enhancement under Sentencing Guidelines § 2L1.2. In the light of our court’s recent decision in United States v. Guillen-Alvarez, 489 F.3d 197, 199-201 (5th Cir. 2007), Rangel’s assertion is unavailing.

Citing Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Rangel 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. Our court has held this issue “fully foreclosed from further debate”. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert, filed (Aug. 28, 2007) (No. 07-6202).

AFFIRMED.