United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 16, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-41763
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MARISOL BERBER-RAMIREZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:06-CR-380-ALL
Before REAVLEY, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Marisol Berber-Ramirez appeals from her 24-month sentence resulting
from her guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326.
Berber-Ramirez argues that the district court misapplied the Sentencing
Guidelines by characterizing her state felony conviction for possession of a
controlled substance as an “aggravated felony” for purposes of U.S.S.G.
2L1.2(b)(1).
*
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should not be published and is not precedent except under the limited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.
No. 06-41763
We review Berber-Ramirez's challenge to the district court's application
of the Sentencing Guidelines de novo. See United States v. Villegas, 404 F.3d
355, 359-61 (5th Cir. 2005). As the Government concedes, Berber-Ramirez's
argument has merit in light of the Supreme Court's decision in Lopez v.
Gonzales, 127 S. Ct. 625 (2006). See United States v. Estrada-Mendoza, 475 F.3d
258, 259-61 (5th Cir.), cert. denied, 127 S. Ct. 1845 (2007). Accordingly, Berber-
Ramirez's sentence is vacated, and the case is remanded for resentencing in light
of Lopez.
SENTENCE VACATED; REMANDED FOR RESENTENCING.
2