¶1 Luis Rico-Serrano (Rico) appeals his guilty plea conviction and sentence for illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326.
¶2 Rico argues on appeal that his above-guidelines sentence of 30 months of imprisonment was unreasonable because the district court incorrectly applied the 18 U.S.C. § 3553(a) factors when it improperly focused on his prior offense and did not consider the specific circumstances underlying his prior offense. Although the district court imposed a sentence that was substantially higher than the guidelines range, the district court did not abuse its discretion in sentencing Rico because it properly considered the § 3553(a) factors and provided sufficiently detailed reasons for arriving at the sentence imposed. See Gall v. United States, — U.S.-, 128 S.Ct. 586, 596-97, 169 L.Ed.2d 445 (2007); United States v. Williams, 517 F.3d 801, 812-13 (5th Cir.2008). Accordingly, Rico has failed to demonstrate that his sentence is unreasonable. See Gall, 128 S.Ct. at 594, 596-97.
¶3 In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Rico also challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury. This argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that § 1326(b)(2) is a penalty provision and not a separate criminal offense. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, — U.S. -, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The judgment of the district court is AFFIRMED.