Cristobal Hernandez-Guido appeals his conviction and sentence for illegal reentry following deportation in violation of 8 U.S.C. § 1326(b). He argues that the district court erred in assessing a criminal history point for his prior misdemeanor conviction for attaching a tag not assigned in violation of Fla. Stat. Ann. § 320.261. Under that section, a person commits an offense by “knowingly attach[ing] to any motor vehicle ... any registration license plate, ... which ... was not issued and assigned or lawfully transferred to such vehicle.” Id. Hernandez-Guido was convicted of that offense when he was stopped in Venice, Florida while driving a vehicle with a license plate that belonged to another car.
In determining a defendant’s criminal history score, “[s]entences for misdemean- or and petty offenses are counted,” except for offenses listed under U.S.S.G. § 4A1.2(c)(l) and “offenses similar to them.” See § 4A1.2(c)(l). In determining whether a prior offense is “similar” to a listed offense in § 4A1.2(e)(l), this court employs a “common sense approach which relies on all possible factors of similarity.” United States v. Hardeman, 933 F.2d 278, 281 (5th Cir.1991).
Hernandez-Guido argues that his offense of attaching a tag not assigned is similar to “[djriving without a license or with a revoked or suspended license,” an offense listed in § 4A1.2(c)(l), or failing to maintain automobile insurance, the offense we concluded should not be counted under § 4A1.2(e)(l) in Hardeman. We disagree. The punishments for Hernandez-Guido’s offense and the offense of driving without a license or with a revoked or suspended licence do have, under Florida law, similar punishments. See Fla. St. Ann. §§ 320.261 and 322.34(2)(a). In addition, Hernandez-Guido’s sentence of six months probation indicates that the sentencing court did not perceive his offense as very serious.
Nevertheless, to commit the offense of attaching a tag not assigned, Hernandez^ Guido had to knowingly attach a tag to a vehicle that was not assigned, issued, or lawfully transferred to that vehicle. See Fla. St. Ann. § 320.261. Because Hernandez-Guido had to expend resources to locate a tag belonging to one vehicle and affix it to another vehicle, his offense involved a greater degree of culpability and likelihood of future criminal conduct than the offenses of driving without a license, driving with a revoked or suspended license, and failing to maintain automobile insurance. See Hardeman, 933 F.2d at 281. Accordingly, the district court did not err in assessing Hernandez-Guido a criminal history point for his conviction for attaching a tag not assigned. Id.
In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Hernandez-Guido 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. *422United 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). Hernandez-Guido’s conviction and sentence are AFFIRMED.