Juan Dominguez-Hernandez appeals from his 37-month sentence resulting from *996his guilty-plea conviction for illegal reentry, in -violation of 8 U.S.C. § 1326.
Dominguez-Hernandez argues that the district court misapplied the Sentencing Guidelines by characterizing his state felony conviction for possession of a controlled substance as an “aggravated felony” for purposes of U.S.S.G. § 2L1.2(b)(l). Given the Supreme Court’s recent decision in Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006), Dominguez-Hernandez is correct. See United States v. Estrada-Mendoza, 475 F.3d 258, 260-61 (5th Cir.), cert. denied, — U.S. -, 127 S.Ct. 1845, 167 L.Ed.2d 340 (2007). Dominguez-Hernandez’s sentence is vacated as to the § 2L1.2(b)(l) adjustment, and the case is remanded for resentencing.
Dominguez-Hernandez’s constitutional challenge to § 1326(b) is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Dominguez-Hernandez 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.2005). Dominguez-Hernandez 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.
Dominguez-Hernandez’s motion to summarily affirm in part and to vacate in part and remand for resentencing is denied as moot.
AFFIRMED IN PART; VACATED AND REMANDED IN PART FOR RE-SENTENCING; MOTION DENIED AS MOOT.