Court of Appeals for the Fifth Circuit February 18, 2004, No. 03-40862 (United States v. Rodriguez-Garcia)

PER CURIAM.*

Andres Armando Rodriguez-Garcia appeals his guilty-plea conviction and sentence for being found illegally present in the United States after deportation. He argues, pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that the “felony” and “aggravated felony” provisions of 8 U.S.C.