No. 99-50881 -1-

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 Gomez-

Salazar’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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-50881 -2-

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 court’s judgment is VACATED, and the case is

REMANDED for resentencing.

VACATED AND REMANDED.