UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-40796 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MORGAN ALLEN HARRIS,

Defendant-Appellant.

______________________________________________

Appeal from the United States District Court for the Southern District of Texas, Houston C-01-CR-27-1 ______________________________________________

December 2, 2002

Before JOLLY, JONES and BENAVIDES, Circuit Judges.*

PER CURIAM:

IT IS ORDERED that Appellant’s motion to recall the mandate

pursuant to Rule 41.2 of the Fifth Circuit Rules, reopen this

appeal, vacate appellant’s sentence and to remand for resentencing

in light of the en banc opinion in USA v. Charles, Case No. 01-

10113, is GRANTED.

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. MANDATE RECALLED, SENTENCE VACATED AND REMANDED TO THE DISTRICT

COURT IN LIGHT OF USA v. CHARLES.

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