Court of Appeals for the Fifth Circuit December 10, 2003, No. 03-50666 (United States v. Davila-Velasco)

PER CURIAM.*

Armando Rodolfo Davila-Velasco appeals the sentence imposed following his *923guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Davila-Velasco 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.