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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 withdrawn.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

(5th Cir. 2001). 2

.