IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals _____________________ Fifth Circuit

No. 04-50998 F I L E D _____________________ April 8, 2005

UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. HOMERO BAUTISTA-FAUSTINO Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-149) --------------------- Before DAVIS, SMITH, and DENNIS, 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, Austin 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*Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 the Appellee’s brief

until fourteen (14) days from the Court’s denial of the

Appellee’s motion to vacate and motion to remand is denied as

unnecessary.