United States v. Lopez-Solis

330 F. App'x 497

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 11, 2009
• Docket: 07-51091
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED August 11, 2009 No. 07-51091 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE LOPEZ!SOLIS, also known as Jose Luis Lopez,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-540-1

Before REAVLEY, JOLLY, and OWEN, Circuit Judges. PER CURIAM:* Jose Lopez-Solis pleaded guilty to illegal reentry after deportation. On appeal, Lopez-Solis challenges the district court’s characterization of his prior Texas conviction of unauthorized use of a motor vehicle as an aggravated felony for sentencing purposes. The Supreme Court recently modified the interpretive framework for determining crimes of violence in Begay v. United States, 128 S. Ct. 1581 (2008), and Chambers v. United States, 129 S. Ct. 687 (2009), to

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 07-51091

require purposeful violent and aggressive conduct as an essential element of a crime of violence. As unauthorized use of a motor vehicle does not have such conduct as an essential element, Lopez-Solis’s sentence is based on a procedural error and is VACATED. The case is REMANDED for resentencing. The Government’s motion filed January 17, 2008 is now moot.