United States Court of Appeals Fifth Circuit

FILED April 5, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-10804 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. COREY DONNELL AUSTIN also known as, Tyson also known as, C-Child Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:03-CR-228-1-G ---------------------

Before JONES, BARKSDALE, 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 the case to the United States District Court for the

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.