Court of Appeals for the Fifth Circuit February 18, 2004, No. 03-50631 (United States v. Venegas-Hernandez)

PER CURIAM.*

Jose Marcelino Venegas-Hernandez 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. VenegasHernandez contends that 8 U.S.C. § 1326(b)(2) is an unconstitutional sentencing provision.