United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 8, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-11171 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. JUAN LOZANO-CADENA also known as, Juan Guadalupe Lozano-Cadena Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:04-CR-45-ALL-N ---------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Appellee’s unopposed motion to vacate

sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.