USA vs. Gomez-Salazar, (5th Cir. 2000)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-50881 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellant, versus ENRIQUE GOMEZ-SALAZAR, also known as Jessie Jesus Bonilla, Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. DR-99-CR-227-1 January 12, 2000 Before KING, Chief Judge, and HIGGINBOTHAM, and STEWART, Circuit Judges.
PER CURIAM: * The Government challenges the sentence imposed by the district court, arguing that the district court erred in failing to assess a 16-level sentencing enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A), based on its finding that Enrique GomezSalazarÂ’s (“Gomez”) prior convictions for illegally transporting aliens were not aggravated-felony convictions for purposes of the enhancement. In United States v. Monjaras-Castaneda , 190 F.3d 326, 330-31 (5th Cir. 1999), decided after the district court entered its judgment in the instant case, this court held that prior convictions for illegally transporting aliens within the United States constitute aggravated-felony convictions for purposes of the 16-level sentencing enhancement. Accordingly, the district courtÂ’s judgment is VACATED, and the case is REMANDED for resentencing.
VACATED AND REMANDED.
No. 99-50881
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