United States Court of Appeals Fifth Circuit

FILED April 13, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-51130 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. RAMON LOYA-ESCOBEDO Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-934-ALL ---------------------

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Appellee’s unopposed motion to vacate the

sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

remand the case to the Western District of Texas, El Paso

Division for resentencing is GRANTED.

IT IS FURTHER ORDERED that Appellee’s alternative

request for an extension of time to file the Appellee’s brief 14

days from the denial of Appellee’s motion to vacate and remand is

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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