IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit _____________________ FILED No. 04-50750 April 5, 2005 _____________________ Charles R. Fulbruge III UNITED STATES OF AMERICA Clerk

Plaintiff - Appellee v. ALBERTO LERMA-GALINDO Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-59) ---------------------

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

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

sentence is granted.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

remand the case to the Western District of Texas, Del Rio

Division for resentencing is granted.

IT IS FURTHER ORDERED that Appellee’s alternative request

for an extension of time to file the Appellee’s brief 14 days

from the denial of Appellee’s motion to vacate and remand

___________________

*Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. 47.5.4.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