Court of Appeals for the Fifth Circuit August 17, 2005, No. 04-40819 (United States v. Zavala-Flores)

PER CURIAM: *

Arazael Ivan Zavala-Flores (Zavala) appeals the 57-month sentence imposed after he pleaded guilty to one count of illegal reentry into the United States. See 8 U.S.C. § 1326.

Zavala contends that 8 U.S.C. § 1326(b) is unconstitutional and that this court should vacate his sentence and remand his case for resentencing to no more than two years in prison under 8 U.S.C. § 1326(a).