United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 20, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III ______________________ Clerk 03-11280 Summary Calendar ______________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. LANCE ALLEN OBENCHAIN Defendant - Appellant

----------------------- Appeal from the United States District Court for the Northern District of Texas (03-CR-51) ------------------------ Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.* PER CURIAM: IT IS ORDERED that appellee’s unopposed motion to vacate the sentence is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to remand case to the United States District Court for the Northern District of Texas, Lubbock Division is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed alternative motion to extend time to file appellee’s brief until 14 days from the Court’s denial of appellee’s motion to vacate sentence and to remand is DENIED as unnecessary.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.