[*394] ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This court affirmed the conviction and sentence of Gaudencio Villa-Gutierrez. See United States v. Villa-Gutierrez, 169 Fed.Appx. 185 (5th Cir.2006). The Supreme Court vacated and remanded for further consideration in light of Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006). We requested and received supplemental briefs addressing the impact of Lopez.

In Lopez, the Supreme Court held that unless a state possession offense is punishable as a felony under the Controlled Substances Act (“CSA”), it is not an “aggravated felony” for sentencing purposes under 8 U.S.C. § 1101(a)(43). See Lopez, 127 S.Ct. at 631. Villa-Gutierrez argues, and the Government concedes, that under Lopez, his prior conviction is not an “aggravated felony” for sentencing enhancement purposes under U.S.S.G. § 2L1.2(b)(l)(c) because it was for an offense not punishable as a felony under the CSA. 1 We agree. Accordingly, we affirm Villa-Gutierrez’s conviction, vacate his sentence, and remand the case for resentencing in light of Lopez.

AFFIRMED IN PART, VACATED IN PART, REMANDED FOR RESEN-TENCING.