United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 23, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-11289 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. JAY STUART REED Defendant - Appellant

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

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the joint motion to vacate the sentence

is GRANTED;

IT IS FURTHER ORDERED that the joint motion to remand the

case to the United States District Court for the Northern

District of Texas, Amarillo 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th CIR.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.