ON REMAND FROM THE SUPREME COURT

After Lopez v. Gonzales, 549 U.S.-, — S.Ct. -, — L.Ed.2d - (2006) was decided, the Supreme Court vacated the judgment and remanded this case. As we have ordered in United States v. Esrada-Mendoza, 475 F.3d 258, on January 3, 2007, the enhancement for aggravated felony, for a prior state felony drug conviction where the same conduct would be only a misdemeanor under the federal law, cannot stand.

The conviction is affirmed but the case is remanded for resentencing.

REMANDED.