UNITED STATES of America, Plaintiff-Appellee, v. Simon MENDEZ-LEYVA, Defendant-Appellant, 215 F. App'x 364

ON REMAND FROM THE SUPREME COURT PER CURIAM: After Lopez v. Gonzales, 549 U.S.-, — S.Ct. -, — L.Ed.2d - (2006) was decided, the Supreme Court vacated the judgment and remanded this case. As we have ordered in United States v. Esrada-Mendoza, 475 F.3d 258, on January 3, 2007, the enhancement for aggravated felony, for a prior state felony drug conviction where the same conduct would be only a misdemeanor under the federal law, cannot stand. The conviction is affirmed but the case is remanded for resentencing. 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R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.