United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 15, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-50922 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. MIGUEL FERNANDO MONARREZ-LOZANO Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:01-CR-1900-ALL-DB ---------------------

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellee’s unopposed motion to vacate

sentence is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

remand for resentencing in light of Supreme Court’s opinion in

Booker and this Court’s opinion in 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

Court’s denial of appellee’s motion to vacate and remand is MOOT.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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