United States Court of Appeals Fifth Circuit

FILED April 12, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-50177 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee

v. JAIRO DARLENY MINERO-MENDEZ Defendant - Appellant ____________________________________________________ Case No. 04-50906 UNITED STATES OF AMERICA Plaintiff - Appellee

v. JOSE ISRAEL LOBOS Defendant - Appellant

--------------------- Appeals from the United States District Court for the Western District of Texas, Del Rio DR-03-CR-562-1-AML ---------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

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

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to remand the cases to district court for resentencing is

GRANTED.

IT IS FURTHER ORDERED that the Appellee’s unopposed

alternative motion to extend time to file the Appellee’s brief

fourteen (14) days from the Court’s denial of the Appellee’s

motion to vacate and remand is DENIED as unnecessary.