United States v. Perez-Briones

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 4, 2007

Charles R. Fulbruge III Clerk No. 06-40673 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GABRIEL PEREZ-BRIONES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-2578-ALL --------------------

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.

PER CURIAM:*

Gabriel Perez-Briones has filed an unopposed motion to

summarily affirm the conviction and summarily vacate the sentence

and remand for resentencing in light of Lopez v. Gonzales, 127

S. Ct. 625 (2005), and United States v. Estrada-Mendoza, 475 F.3d

258 (5th Cir. 2007). The motion is GRANTED, the conviction is

AFFIRMED, the sentence is VACATED, and the case is REMANDED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.