United States Court of Appeals Fifth Circuit

FILED April 5, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-50863 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. JUAN VALLES-SIMENTAL Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Del Rio 2:04-CR-218-1-AML ---------------------

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellee’s unopposed motion to vacate

sentencing is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

remand to district court for resentencing in light of the Supreme

Court’s recent opinion in US v. Booker and this Court’s opinion

in US v. Mares is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

extend time to file appellee’s brief until 14 days from the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Court’s denial of appellee’s motion to vacate and remand is MOOT.