IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                          February 20, 2009
                                     No. 08-40349
                                   Summary Calendar                    Charles R. Fulbruge III
                                                                               Clerk




UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee,

v.

NELSON ARCENY CARALES-VILLALTA,

                                                   Defendant-Appellant.




                   Appeal from the United States District Court
                        for the Southern District of Texas
                               No. 5:07-CR-764-ALL




Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.
PER CURIAM:*


       Nelson Carales-Villalta pleaded guilty of illegal reentry following removal.
He argues that the district court erred in enhancing his sentence under U.S.S.G.

       *
         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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40349

§ 2L1.2(b)(1)(C) based on the determination that a prior Texas conviction for de-
livery of a controlled substance is an aggravated felony. The government con-
cedes that the sentence enhancement is erroneous and that the error is not
harmless. We agree. See United States v. Morales-Martinez, 

, 360-
61 (5th Cir.), cert. denied, 

(2007); United States v. Fuentes, 245 F.
App’x 358 (5th Cir.) (per curiam), cert. denied, 

(2007). We find no
error in the district court’s use of the term “Re-entry of a Deported Alien” in the
written judgment of conviction. See United States v. Buendia-Rangel, No. 07-
40879, 

, at *1 (5th Cir. Sept. 9, 2008) (per curiam) (unpub-
lished).
      CONVICTION AFFIRMED; SENTENCE VACATED; CASE REMANDED
FOR RESENTENCING.




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