IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50131 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

FACUNDO BALDERAS-SANCHEZ,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Texas (DR-01-CR-402-1) -------------------- January 8, 2003

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

The government appeals from the sentence imposed on Facundo

Balderas-Sanchez for his guilty-plea conviction for illegal reentry

into the United States after deportation. Specifically, the

government challenges the district court’s holding that Balderas-

Sanchez’s prior Texas conviction for simple possession of marijuana

did not warrant an eight-level adjustment pursuant to U.S.S.G.

§ 2L1.2(b)(1)(C) because it did not constitute an “aggravated

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. felony.” This issue is reviewed de novo. See United States v.

Hinojosa-Lopez,

(5th Cir. 1997).

The government’s challenge is supported by our recent holding

in United States v. Caicedo-Cuero, __ F.3d __, 5th Cir. Nov. 14,

2002, No. 02-20751),

. In that case, we affirmed

the district court’s imposition of an eight-level adjustment under

U.S.S.G. § 2L1.2(b)(1)(C) for the defendant’s prior Texas

conviction for simple possession of marijuana.

. In doing so, we referenced the district court’s holding

in the instant case and expressly disagreed with it. Id. at *8.

Accordingly, Balderas-Sanchez’s sentence is VACATED and the

case is REMANDED for resentencing in conformity with our holding in

Caicedo-Cuero.

SENTENCE VACATED; REMANDED for resentencing.

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