United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 5, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-50688 _____________________

Consolidated with 04-51043

UNITED STATES OF AMERICA Plaintiff - Appellee

v. CESAR EDUARDO CAMARILLO-RODRIGUEZ Defendant - Appellant

--------------------- Appeals from the United States District Court for the Western District of Texas (03-CR-2066) --------------------- Before GARZA, DeMOSS, and CLEMENT, 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

Western District of Texas, El Paso 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*Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent under the limited circumstances set forth in 5th Cir. R. 47.5.4. IT IS FURTHER ORDERED that the Appellee’s unopposed

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

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

motion to vacate and motion to remand is moot.