Fernando Alfredo Mora appeals from the sentence imposed following his guilty plea conviction for illegal reentry. The district court imposed the lowest within-guidelines sentence, 33 months of imprisonment and three years of supervised release.

Mora argues that the district court reversibly erred by failing to award him an additional one-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(b). As we held recently in United States v. Villegas Palacios, No. 13-40153, 756 F.3d 325, 2014 WL 2119096, at *1 (5th Cir. May 21, 2014), the amended version of § 3E1.1 is applicable in a case such as this one, where the amendment was proposed at the time of sentencing and went into effect while the appeal was pending. Pursuant to the amended § 3E1.1, the Government may not withhold a § 3E 1.1(b) motion because the defendant refuses to waive his right to appeal, as it did in this case. The Government has not shown that this error was harmless. See United States v. Delgado-Martinez, 564 F.3d 750, 752-53 (5th Cir. 2009).

Accordingly, Mora’s sentence is VACATED and the case is REMANDED to the district court for resentencing consistent with this opinion.