Mario Alberto Del Bal-Villegas appeals his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1326 by being found in the United States without permission after deportation. Del Bal-Villegas contends that his sentence is unreasonable because this court’s post-Booker 1 rulings have effectively reinstated the mandatory sentencing guideline regime condemned in Booker. This argument is foreclosed. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007).

In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Del Bal-Villegas 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. This court has held that this issue is “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). The Government’s motion for summary affirmance is GRANTED, the Government’s motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.