
    UNITED STATES of America, Plaintiff-Appellee v. Oscar URBINA-PEREZ, Defendant-Appellant.
    No. 05-41658
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Aug. 20, 2008.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    
      Francisco Javier Montemayor, Jr., Laredo, TX, for Defendant-Appellant.
    Before REAVLEY, WIENER, and PRADO, Circuit Judges.
   PER CURIAM:

Oscar Urbina-Perez appeals the 77-month sentence imposed following his guilty plea conviction for attempted illegal reentry of a deported alien in violation of 8 U.S.C. § 1326. Urbina-Perez argues that the district court erred in imposing a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on his prior conviction for a crime of violence, a 1995 Arizona conviction for aggravated assault on a peace officer. He contends that the statute of conviction, Ariz.Rev.Stat. Ann. § 13-1204(A)(5) and (C), encompasses conduct amounting to simple assault, with the sole aggravating factor being the status of the victim as a peace officer. He contends that the offense does not qualify as an enumerated offense under the Guidelines because the offense falls outside of the generic, contemporary meaning of aggravated assault.

The Government concedes that in the light of United States v. Fierro-Reyna, 466 F.3d 324 (5th Cir.2006), the district court plainly erred in applying a 16-level enhancement pursuant to § 2L1.2(b)(l)(A)(ii) based on Urbina-Per-ez’s Arizona conviction for aggravated assault on a peace officer. Accordingly, we vacate Urbina-Perez’s sentence and remand for resentencing.

SENTENCE VACATED; CASE REMANDED FOR RESENTENCING. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.
     