IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ United States Court of Appeals Fifth Circuit No. 04-51312 F I L E D _____________________ April 19, 2005 UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. ROBERTO AGUIRRE-VILLA also known as, Jose Hernandez Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-687) ---------------------

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.

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*Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. IT IS FURTHER ORDERED that appellee’s unopposed motion 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 moot.