United States Court of Appeals Fifth Circuit

FILED April 5, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-51238 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. MARIO FRANCISCO GONZALEZ-SALAZAR also known as, Mario Salazar-Gonzalez Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1580-ALL --------------------- 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 the case to the United States District Court, for the

Western District of Texas, El Paso Division, for resentencing is

GRANTED.

IT IS FURTHER ORDERED that the appellee’s alternative

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. unopposed motion to extend the time to file the appellee’s brief

14 days from the court’s denial of appellee’s motion to vacate

and remand is DENIED as moot.