Court of Appeals for the Fifth Circuit April 21, 2004, No. 03-41167 (United States v. Caseres-Rodriguez)

PER CURIAM:*

Israel Caseres-Rodriguez 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, Caseres argues that the sentencing provisions of 8 U.S.C. § 1326(b)(1) & (2) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.