IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals _____________________ Fifth Circuit

No. 04-51267 FILED _____________________ April 8, 2005

Charles R. Fulbruge III UNITED STATES OF AMERICA Clerk

Plaintiff - Appellee v. OMAR ALEJANDRO CHAVEZ-TORRES Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-1440) ---------------------

Before DAVIS, SMITH, and DENNIS, 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 in

light of the Supreme Court’s recent opinion in USA v. Booker and

_________________ *Pursuant to 5th Cir. R. 47.5 the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. this Court’s opinion in USA v. Mares is granted.

IT IS FURTHER ORDERED that the Appellee’s unopposed

alternative motion to extend time to file Appellee’s brief

fourteen (14) days from the court’s denial of the Appellee’s

motion to vacate and motion to remand is denied as unnecessary.