Court of Appeals for the Fifth Circuit December 10, 2003, No. 03-40595 (United States v. Belmares-Delgado)

PER CURIAM.*

Moisés Belmares-Delgado 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. Belmares-Delgado 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.