United States v. Gutierrez-Quintanill ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 7, 2007
Charles R. Fulbruge III
Clerk
No. 06-41329
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE LUIS GUTIERREZ-QUINTANILLA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:06-CR-121-ALL
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
The Government has filed an unopposed motion to summarily
affirm Jorge Luis Gutierrez-Quintanilla’s conviction and
summarily vacate his sentence and remand for resentencing in
light of Lopez v. Gonzales, 127 S. Ct. 625 (2005), and United
States v. Estrada-Mendoza, 475 F.3d 258 (5th Cir. 2007). The
motion is GRANTED, the conviction is AFFIRMED, the sentence is
VACATED, and the case is REMANDED.
*
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this opinion should not be published and is not precedent except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.