USA v. Torres, No. 06-20015 (5th Cir. 2007)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 24, 2006.
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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 _____________________ April 17, 2007 Charles R. Fulbruge III Clerk No. 06-20015 _____________________ UNITED STATES OF AMERICA, Plaintiff - Appellee versus JOSE VICTOR TORRES, also known as Jose Victor Torres-Valles, also known as Jose Victor Torres-Baez, also known as Heriberto Ochoa-Gomez, also known as Jose Feliciano Perez-Mesa, Defendant - Appellant. Appeal from the United States District Court for the Southern District of Texas, Houston USDC No. 4:05-CR-127-ALL ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* This court previously affirmed the conviction and sentence of the Appellant, Jose Victor Torres ( Torres ). Torres, 202 Fed. Appx. 833 (5th Cir. 2006). United States v. The Supreme Court vacated and remanded the case for reconsideration in the light of Lopez v. Gonzalez, 127 S.Ct. 625 (2006). * Ochoa-Perez v. United 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. States, 127 S.Ct. 1263 (2007). Following the Supreme Court s remand, we requested and received supplemental letter briefs from both parties with respect to the impact of Lopez. The Government concedes, and we agree that, in the light of Lopez, the district court erred by enhancing Torres s sentence on the basis of his Texas convictions for possession of methamphetamine and for possession of heroin. Torres remains in custody in federal prison, with a projected release date of June 4, 2007. Accordingly, the appeal is not moot. See United States v. Rosenbaum-Alanis, No. 05-41400, 2007 WL 926832 (5th Cir. March 29, 2007). For the foregoing reasons, we AFFIRM Torres s conviction, VACATE his sentence, and REMAND for resentencing in accordance with Lopez. 2
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