Jose Gilberto Castillo-Palafox appeals his sentence for illegal reentry after deportation. Castillo-Palafox contends, for the first time on appeal, that the district court erred by applying a 16-level increase to his offense level, based on its finding that his 2002 state felony conviction for assault was a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Castillo-Palafox’s assault offense was committed under Tex. Penal Code Ann. § 22.01(a)(1) and (b)(2) (Vernon 2003), which does not set forth a crime of violence under § 2L1.2(b)(l)(A)(ii). See § 2L1.2, comment. (n.l(B)(iii)) (reflecting that simple assault is not an enumerated offense constituting a “crime of violence”); United States v. Villegas-Hernandez, 468 F.3d 874, 882 (5th Cir. 2006)(determining that use of force is not an element of § 22.01(a)(1)), cert. denied, — U.S.—, 127 S.Ct. 1351, 167 L.Ed.2d 144 (2007). Given this prejudicial error, Castillo-Palafox’s sentence is vacated and this matter remanded for resentencing in accordance with this opinion. See Villegas-Hernandez, 468 F.3d at 885; United States v. Gracia-Cantu, 302 F.3d 308, 313 (5th Cir. 2002). 1

SENTENCE VACATED; CASE REMANDED.