With no explanation, chose the best option from "A", "B", "C" or "D". 507 U.S. at 732-37, 113 S.Ct. 1770; Knowles, 29 F.3d at 951. In this circuit, “[i]t is self-evident that basing a conviction on an unconstitutional statute is both ‘plain’ and ‘error’ .... ” Knowles, 29 F.3d at 951. Alfaro’s argument that §§ 1326(b)(1) and (2) are unconstitutional, however, fails in light of Almendarez-Torres and Fifth Circuit precedent. As Alfaro recognizes, in Almendarez-Torres, the Supreme Court effectively rejected his argument. See Almendarez-Torres, 523 U.S. at 235, 118 S.Ct. 1219. Almendarez-Torres has not been overruled and is still good law. Additionally, this court has repeatedly rejected arguments like the one made by Alfaro as being foreclosed by Almendarez-Torres. See, e.g., United States v. Mendez-Villa, 346 F.3d 568, 570-71 (5th Cir.2003) (per curiam) (<HOLDING>); United States v. Delgado-Nunez, 295 F.3d 494,

A: holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 does not apply to a judges exercise of discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute
B: holding that almendareztorres remains binding despite apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000
C: holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998
D: holding that the safety valve provision of 18 usc  3553f is not unconstitutional under apprendi 530 us 466 120 sct 2348 147 led2d 435 or blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004
B.