United States v. Vasquez-Inigez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20554
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS VASQUEZ-INIGEZ
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
USDC No. H-00-CR-57-1
October 10, 2001
ON PETITION FOR REHEARING
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.*
Vasquez-Inigez filed a petition for a panel rehearing of our
opinion affirming his conviction for illegal reentry after
deportation, arguing that his sentence was improperly enhanced
based upon his prior conviction for driving while intoxicated.
Vasquez-Inigez’s offense level was increased by 16 levels
because his previous conviction was considered an aggravated
felony, based upon a previous decision of this Court that was later
*
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this opinion should not be published and is not precedent except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.
withdrawn. After the parties had submitted their briefs but before
we affirmed Vasquez-Inigez’s conviction, this Court held in United
States v. Chapa-Garza1 that driving while intoxicated is not an
aggravated felony under Section 2L1.2(b).2 Accordingly, his
petition for rehearing is GRANTED, his sentence is VACATED, and his
case is REMANDED for sentencing in accordance with Chapa-Garza.
1
243 F.3d 921 (5th Cir. 2001).
2
Id. at 927.