ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

The Supreme Court granted Drayon Conley’s petition for writ of certiorari, vacated this court’s judgment, and remanded the case for further consideration in light of Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016). Conley v. United States, — U.S. -, 137 S.Ct. 153, 196 L.Ed.2d 6 (2016) (mem.). On remand, we requested letter briefs from the parties regarding whether, in light of Mathis and United States v. Hinkle, 832 F.3d 569 (5th Cir. 2016), this court should vacate Conley’s sentence and remand for resentencing because the district court committed plain error by finding that Conley’s prior conviction under Texas Health & Safety Code § 481.112(a) constituted a controlled substance offense under U.S.S.G. § 2K2.1(a)(4)(A). In light of *291 Mathis and Hinkle, Conley’s base offense level was erroneously assigned because his prior conviction under Texas Health & Safety Code § 481.112(a) did not constitute a controlled substance offense, and this error was clear. See United States v. Hornyak, 805 F.3d 196, 199 (5th Cir. 2015) (“That error was plain and obvious, even though precedent foreclosed it at the time of sentencing, because the error became clear in light of a decision announced while this case was still on direct appeal.”). The Government does not contest the third and fourth prongs of plain error review and does not oppose vacatur of Conley’s sentence and remand for resentencing. Accordingly, we VACATE Conley’s sentence and REMAND for resentencing.