United States v. Berber-Ramirez

235 F. App'x 339

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 16, 2007
• Docket: 06-41763
• Status: Unpublished

Opinion

PER CURIAM: *

Marisol Berber-Ramirez appeals from her 24-month sentence resulting from her guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326.

Berber-Ramirez argues that the district court misapplied the Sentencing Guidelines by characterizing her state felony conviction for possession of a controlled substance as an “aggravated felony” for purposes of U.S.S.G. 2L1.2(b)(l).

We review Berber-Ramirez’s challenge to the district court’s application of the Sentencing Guidelines de novo. See United States v. Villegas, 404 F.3d 355, 359-61 (5th Cir.2005). As the Government concedes, Berber-Ramirez’s argument has merit in light of the Supreme Court’s decision in Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006). See United States v. Estrada-Mendoza, 475 F.3d 258, 259-61 (5th Cir.), cert. denied, — U.S. -, 127 S.Ct. 1845, 167 L.Ed.2d 340 (2007). Accordingly, Berber-Ramirez’s sentence is vacated, and the ease is remanded for resentencing in light of Lopez.

SENTENCE VACATED; REMANDED FOR RESENTENCING.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.