United States Court of Appeals Fifth Circuit

FILED April 8, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-50939 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. JESUS HERNANDEZ-RAIGOZA also known as, Javier Rodarte-Delgado Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-307-ALL-KC ---------------------

Before JONES, BARKSDALE, and PRADO, 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 to district court for resentencing in light of the

Supreme Court’s opinion in Booker and this Court’s opinion in

Mares is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s unopposed

alternative motion to extend time to file Appellee’s brief

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. fourteen (14) days from the Court’s denial of the Appellee’s

motion to vacate and remand is DENIED as unnecessary.