IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ United States Court of Appeals Fifth Circuit No. 04-51113 F I L E D _____________________ April 6, 2005 UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. MICHAEL LAWRENCE PETISCA Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-146) ---------------------

Before JOLLY, HIGGINBOTHAM, and BENAVIDES, 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 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

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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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

denial of appellee’s motion to vacate and remand is denied as

unnecessary.