* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. United States Court of Appeals Fifth Circuit FILED October 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-41577 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN MARTIN MEDRANO CANTU, also known as Juan Manuel Lopez, also known as Juan Moreno Garcia, also known as Juan Martin Campos-Cantu, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. B-02-CR-43-ALL Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.

PER CURIAM: * Juan Martin Medrano Cantu appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation in violation of 8 U.S.C. § 1326. Cantu argues that the § 1326(b)(1) and (2) are unconstitutional.

In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id . at 239-47.

Cantu acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review.

Apprendi did not overrule Almendarez-Torres . See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is AFFIRMED.

No. 02-41577