United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 14, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-11368 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. RAMON CERVANTES Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:04-CR-138-1-L ---------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

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

the sentence is GRANTED.

IT IS FURTHER ORDERED that the 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.