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

                                                FILED
                                                                September 11, 2009
                                No. 08-40108
                             Conference Calendar            Charles R. Fulbruge III
                                                                    Clerk

UNITED STATES OF AMERICA,

                                           Plaintiff-Appellee

v.

ANGEL REYES-FIGUEROA,

                                           Defendant-Appellant


                 Appeal from the United States District Court
                      for the Southern District of Texas
                         USDC No. 1:07-CR-614-ALL


 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES


Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
      Angel Reyes-Figueroa (Reyes) pleaded guilty to unlawfully attempting to
enter the United States after deportation. After sentencing, Reyes appealed his
sentence, specifically the eight-level aggravated felony enhancement based on
an earlier conviction for unauthorized use of a motor vehicle (UUMV) under
Texas law. Recognizing that circuit precedent foreclosed his argument, Reyes


      *
      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should not be published and is not precedent except under the limited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.
                                No. 08-40108

moved for summary affirmance so that he could seek review in the Supreme
Court. We granted the motion and affirmed the district court. United States v.
Reyes-Figueroa, 282 F. App’x 220 (5th Cir. 2008). After Reyes petitioned for a
writ of certiorari, the Supreme Court vacated our decision and remanded the
case for consideration in light of Chambers v. United States, 

(2009). Reyes-Figueroa v. United States, 

(2009). Reyes has filed
an unopposed motion to vacate his sentence and remand for resentencing. As
the parties now agree, the district court committed a procedural error in
sentencing Reyes, and we therefore vacate the sentence and remand for
resentencing. See United States v. Armendariz-Moreno, ___ F.3d ___, 

at *1 (5th Cir. June 15, 2009).
      Reyes’s motion is GRANTED, the sentence is VACATED. and the case is
REMANDED for further proceedings.




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