Court of Appeals for the Fifth Circuit February 18, 2004, No. 03-41023 (United States v. Lopez-Martinez)

PER CURIAM.*

Gilberto Lopez-Martinez 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. Lopez-Martinez contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional.