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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 days from the court’s denial of appellee’s motion to vacate and remand is DENIED as moot.