Sergio Mauricio Guzman-Saldivar (Guzman) pleaded guilty to an indictment charging him with illegal reentry following deportation. Guzman was sentenced to 37 months of imprisonment and a three-year term of supervised release. Guzman gave timely notice of his appeal.

Guzman contends that the district court erred in ruling that his prior New York conviction of third-degree rape was a “crime of violence” for purposes of U.S.S.G. § 2L1.2. See N.Y. Penal Law § 130.25 (McKinney 2004). We review this question de novo. See United States v. Villegas, 404 F.3d 355, 359-61 (5th Cir. 2005). We reject Guzman’s argument that the district court did not have competent evidence from which to determine the offense of conviction. See United States v. Neri-Hemandes, 504 F.3d 587, 592 (5th Cir. 2007).

Under § 2L1.2(b)(l)(A)(ii), a defendant’s offense level is increased by 16 levels if, prior to deportation, he was convicted of a “crime of violence.” The offense of statutory rape is a crime of violence. § 2L1.2, comment. (n.l(B)(iii)). Guzman was convicted under part 2 of § 130.25, under which a person is guilty of rape in the third degree when, “being twenty-one years old or more, he or she engages in sexual intercourse with another person to whom the actor is not married less than seventeen years old.” § 130.25-2. This statutory definition is consistent with a “common sense” meaning of the offense of statutory rape. See United States v. Izaguirre-Flores, 405 F.3d 270, 275 (5th Cir. 2005). The district court did not err in applying § 2L2.1(b)(l)(A)(ii).

In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Guzman challenges the constitutionality of 8 U.S.C. § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than *595 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 far cert. filed (Aug. 28, 2007) (No. 07-6202).

AFFIRMED.