United States v. Mendez-Leyva

* 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 2, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-41020
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SIMON MENDEZ-LEYVA,
Defendant-Appellant.
__________________________________________________
Appeal from the United States District Court
for the Southern District of Texas, Laredo
USDC No. 5:04-CR-358-1
__________________________________________________
Before REAVLEY, HIGGINBOTHAM and CLEMENT, Circuit Judges.
ON REMAND FROM THE SUPREME COURT
PER CURIAM:*
After Lopez v. Gonzales, 549 U.S. ____ (2006) was decided, the Supreme

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Court vacated the judgment and remanded this case. As we have ordered in United
States v. Estrada-Mendoza, No. 05-41627, 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

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