United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 14, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-51306 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. AGUSTIN VALDEZ-RODRIGUEZ Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1235-ALL ---------------------

Before DAVIS, SMITH, and DENNIS, 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 in

the alternative to extend time to file appellee’s brief until 14

days from the Court’s denial of appellee’s motion to vacate and

remand is DENIED.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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