USA, et al v. Chavez-Ramirez, No. 06-10837 (5th Cir. 2007)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 30, 2007 Charles R. Fulbruge III Clerk No. 06-10837 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAMON CHAVEZ-RAMIREZ, also known as Ramon Chavez, also known as Raymon Chavez, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 4:06-CR-19 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Ramon Chavez-Ramirez (Chavez-Ramirez) appeals his conviction and sentence for illegal reentry. He argues that the district court misapplied the Sentencing Guidelines by characterizing his state felony conviction for possession of a controlled substance as an aggravated felony under U.S.S.G. § 2L1.2(b)(1)(C). Given the Supreme Court s recent decision in Lopez v. Gonzalez, 127 S. Ct. 625 (2006), Chavez-Ramirez s argument, as conceded by the Government, has merit. * See United States v. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 06-10837 -2Estrada-Mendoza, 475 F.3d 258, No. 05-41627, 2007 WL 6583, *2 (5th Cir. Jan. 3, 2007). Accordingly, Chavez-Ramirez s sentence is vacated, and the case is remanded for resentencing in light of Lopez. Because the Government has conceded that he is entitled to resentencing based on the district court s erroneous § 2L1.2(b)(1)(C) enhancement, Chavez-Ramirez requests that he be allowed to withdraw the remaining issues raised on appeal. motion to withdraw and remand should be granted. AFFIRMED IN PART; VACATED IN PART AND REMANDED; MOTION GRANTED. His
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