Court of Appeals for the Fifth Circuit October 22, 2003, No. 03-20219 (United States v. Duran-Hernandez)

PER CURIAM:*

Alfredo Duran-Hernandez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Duran-Hernandez complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. He argues that the sentencing provision is unconstitutional.