United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 15, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-51244 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. OSCAR DANIEL ZAMBRANO-CONTRERAS Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1016-ALL ---------------------

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

DISMISSED AS MOOT.