United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 22, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-10821 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. CLINTON JENNINGS also known as, Gato also known as, Blacc Gato Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas ---------------------

Before WIENER, BENAVIDES, AND STEWART, Circuit Judges.*

PER CURIAM:

IT IS ORDERED that the appellee’s unopposed motion to vacate

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* Pursuant to 5th Cir. R 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.