MEMORANDUM**

Salvador Hernandez-Valenzuela appeals from his 27-month sentence imposed following a guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1325. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand.

Hernandez-Valenzuela contends that the district court erred in applying an eight-level enhancement based on its determination that Hernandez-Valenzuela’s prior Texas state conviction for possession of marijuana was an aggravated felony for purposes of U.S.S.G. § 2L1.2(b)(1)(C). Subsequent to Hernandez-Valenzuela’s sentencing, the Supreme Court decided Lopez v. Gonzales, — U.S.-, 127 S.Ct. 625, 633, 166 L.Ed.2d 462 (2006), in which it held that “a state offense constitutes a ‘felony punishable under the Controlled Substances Act’ only if it proscribes conduct punishable as a felony under that federal law.” Because the district court did not have the benefit of the Supreme Court’s decision in Lopez at the time it sentenced Hernandez-Valenzuela, we vacate the sentence and remand for resentencing in accordance with Lopez.

*687All pending motions are denied.

The mandate shall issue forthwith.

VACATED and REMANDED.