IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 2, 2009
No. 07-40752 Charles R. Fulbruge III
Conference Calendar Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SANTIAGO CASTILLO-LUCIO also known as, Edgar Santiago Castillo-Lucio
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:07-cr-47
ON REMAND FROM THE SUPREME COURT
Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
PER CURIAM:*
In 2007, Defendant-Appellant Santiago Castillo-Lucio pleaded guilty to the
charge of being found unlawfully present within the United States after removal
subsequent to an aggravated felony conviction. After sentencing, Castillo-Lucio
appealed his sentence, specifically the eight-level aggravated felony
enhancement based on an earlier conviction for unauthorized use of a motor
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 07-40752
vehicle under Texas law. Recognizing that circuit precedent foreclosed his
argument, Castillo-Lucio moved for summary affirmance so that he could seek
review in the Supreme Court. We granted the motion and affirmed the district
court. See United States v. Castillo-Lucio, 256 F. App’x 720 (5th Cir. 2007) (per
curiam). After he petitioned for a writ of certiorari, the Supreme Court vacated
our decision and remanded the case for consideration in light of Begay v. United
States, 128 S. Ct. 1581 (2008), and Chambers v. United States, 129 S. Ct. 687
(2009). See Castillo-Lucio v. United States, 129 S. Ct. 993 (2009) (mem.). As the
parties now agree, the district court committed a procedural error in sentencing
Castillo-Lucio, and we must therefore vacate the sentence and remand for
resentencing. See United States v. Armendariz-Moreno, ___ F.3d ____, 2009 WL
1653551, at *1 (5th Cir. 2009).
On remand, the district court may also consider Castillo-Lucio’s request
for reformation of the judgment.
SENTENCE VACATED and REMANDED.
2