Gustavo Sanchez-Rivera pleaded guilty to one charge of attempted illegal reentry into the United States and was sentenced to serve 70 months in prison and a three-year term of supervised release. Sanchez-Rivera argues that the district court erred by concluding that his prior conviction for burglary of a habitation constituted a crime of violence and by assessing a 16-level adjustment for this conviction. This argument is, as Sanchez-Rivera concedes, foreclosed. See United States v. Valdez-Maltos, 443 F.3d 910, 911 (5th Cir.2006), cert. denied, - U.S. -, 127 S.Ct. 265, 166 L.Ed.2d 205 (2006); United States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir.2005), cert. denied, - U.S. -, 126 S.Ct. 1398, 164 L.Ed.2d 100 (2006).
Sanchez-Rivera also 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 in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Sanchez-Rivera’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 Sanchez-Rivera contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), 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). Sanchez-Rivera properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
Sanchez-Rivera has shown no error in connection with his conviction or sentence. Accordingly, the judgment of the district court is AFFIRMED.