Court of Appeals for the Fifth Circuit April 21, 2004, No. 03-41197 (United States v. Herrera-Mijares)

PER CURIAM:*

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