On Remand from the Supreme Court of the United States

This case is on remand from the United States Supreme Court, which vacated our judgment, see United States v. Padilla-Gomez, 203 Fed.Appx. 597 (5th Cir. 2006), and remanded the case to us for further consideration in light of Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006). See Ochoa-Perez v. United States, — U.S.-, 127 S.Ct. 1263, 167 L.Ed.2d 66 (2007).

Padilla-Gomez pleaded guilty to the crime of illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326. Padilla-Gomez’s conviction is AFFIRMED; Padilla-Gomez’s sentence is VACATED and REMANDED to the district court for resentencing in accordance with Lopez. We express no opinion on the issue of whether the § 2L1.2(b)(l)(C) enhancement was appropriate because Padilla-Gomez’s 2000 and 2002 possession offenses qualified as “recidivist possession.” 1 See Lopez, 127 S.Ct. at 630 n. 6; United States v. Sanchez-Villalobos, 412 F.3d 572, 576-77 (5th Cir. 2005).

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THE CLERK IS INSTRUCTED TO ISSUE THE MANDATE FORTHWITH.