United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT April 15, 2005 _____________________ Charles R. Fulbruge III No. 04-51411 Clerk _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. ELEAZAR ALCAYAGA-MALDONADO Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1563-ALL-KC ---------------------

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 the case to district court for resentencing in light of

the Supreme Court's opinion in Booker and this Court's opinion in

Mares is GRANTED.

IT IS FURTHER ORDERED that Appellee’s alternative request

for an extension of time to file the Appellee’s brief 14 days

from the denial of Appellee’s motion to vacate and remand

is DISMISSED AS MOOT.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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