Court of Appeals for the Fifth Circuit December 14, 2005, No. 05-40294 (United States v. Pacheco-Salinas)

PER CURIAM: *

Fernando Pacheco-Salinas is appealing his guilty-plea conviction of being found in the United States after previous deportation, in violation of 8 U.S.C. § 1326(a) and (b). He argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional.

This appeal is not barred by the language of his plea agreement.