Welman Alvarenga-Hernandez (Alvar-enga) appeals his sentence for illegal reen *348 try following deportation. Specifically, Al-varenga challenges the enhancement of his sentence based upon the district court’s determination that his prior conviction for second degree assault is a crime of violence for purposes of U.S.S.G. § 2L1.2(b)(l)(C). Because he has been released from prison and deported to Mexico, his appeal of his sentence is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007).

In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Alvarenga 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. This argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, -U.S. ———, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008).

APPEAL DISMISSED IN PART; JUDGMENT AFFIRMED IN PART.