United States Court of Appeals
                                                                Fifth Circuit
                                                             F I L E D
               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT                February 18, 2004

                                                          Charles R. Fulbruge III
                                                                  Clerk
                            No. 03-41158
                        Conference Calendar


UNITED STATES OF AMERICA,

                                    Plaintiff-Appellee,

versus

JOSE ISRAEL PEREZ-SANCHEZ, also known as Jose
Israel Correas-Lovos,

                                    Defendant-Appellant.

                       --------------------
           Appeal from the United States District Court
                for the Southern District of Texas
                     USDC No. B-03-CR-276-ALL
                       --------------------

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

     Jose Israel Perez-Sanchez appeals his guilty plea conviction

for illegal reentry into the United States following an

aggravated felony conviction in violation of 8 U.S.C. § 1326.

For the first time on appeal, Perez-Sanchez argues that the

sentencing provisions of 8 U.S.C. § 1326(b)(1) & (2) are

unconstitutional in light of Apprendi v. New Jersey, 

(2000).   Perez-Sanchez acknowledges that his argument is

foreclosed by Almendarez-Torres v. United States, 

     *
        Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
                            No. 03-41158
                                 -2-

(1998), but he seeks to preserve the issue for Supreme Court

review.   Apprendi did not overrule Almendarez-Torres.   See

; United States v. Dabeit, 

, 984 (5th Cir. 2000).   Accordingly, the judgment of the

district court is AFFIRMED.