United States Court of Appeals Fifth Circuit

FILED April 14, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-51004 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. SERGIO HERNANDEZ-FLORES also known as, Francisco Martinez Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-456-ALL-PRM ---------------------

Before DAVIS, SMITH, and DENNIS, 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 case to the US District Court for the Western District of

Texas, El Paso Division for resentencing is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. extend time to file appellee’s brief until 14 days from the

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

DENIED.