United States v. Reyes-Olvera

*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this opinion should not be published and is not precedent except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
May 7, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-41116
_____________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee
versus
JESUS REYES-OLVERA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of Texas, Laredo
USDC No. 5:05-CR-288-ALL
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
This court previously affirmed the conviction and sentence of
the Appellant, Jesus Reyes-Olvera (“Reyes”). United States v.
Reyes-Olvera, 203 Fed. Appx. 599 (5th Cir. 2006). The Supreme
Court vacated and remanded the case for reconsideration in the
light of Lopez v. Gonzalez, 127 S.Ct. 625 (2006). Ochoa-Perez v.
United States, 127 S.Ct. 1263 (2007). Following the Supreme

-- 1 of 2 --

2
Court’s remand, we requested and received supplemental letter
briefs from both parties with respect to the impact of Lopez.
The Government concedes, and we agree that, in the light of
Lopez, the district court erred by enhancing Reyes’s sentence on
the basis of his Texas conviction for possession of cocaine. Reyes
remains in custody in federal prison, with a projected release date
of September 4, 2007. Accordingly, the appeal is not moot. See
United States v. Rosenbaum-Alanis, No. 05-41400, 2007 WL 926832
(5th Cir. March 29, 2007).
For the foregoing reasons, we AFFIRM Reyes’s conviction,
VACATE his sentence, and REMAND for resentencing in accordance with
Lopez.

-- 2 of 2 --