USA v. Yanez-Zuniga, No. 06-41181 (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 April 17, 2007 Charles R. Fulbruge III Clerk No. 06-41181 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ENRIQUE YANEZ-ZUNIGA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 6:06-CR-6-ALL -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Enrique Yanez-Zuniga (Yanez) appeals the sentence imposed following his guilty-plea conviction for illegal reentry after deportation. Yanez argues that the district court erroneously characterized his state court convictions for simple possession of controlled substances as aggravated felonies under U.S.S.G. § 2L1.2(b)(1)(C). We review Yanez s challenge to the district court s application of the Sentencing Guidelines de novo. See United States v. Villegas, 404 F.3d 355, 359 (5th Cir. 2005). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-41181 -2Given the Supreme Court s recent decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006), Yanez s argument has merit. See United States v. Estrada-Mendoza, 475 F.3d 258, 260-61 (5th Cir. 2007). Accordingly, Yanez s sentence is vacated, and the case is remanded for resentencing in light of Lopez. CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.

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