United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 22, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-20943 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. DANIEL BARRERA-SAUCEDO Defendant - Appellant

--------------------- Appeal from the United States District Court for the Southern District of Texas, Houston ---------------------

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.*

PER CURIAM:

IT IS ORDERED that appellant’s motion to expedite the appeal

is granted.

IT IS FURTHER ORDERED that appellant’s motion to vacate and

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.