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

No. 04-51430 F I L E D _____________________ April 18, 2005

UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. JAVIER MORALES-SANCHEZ Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-1135) ---------------------

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 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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 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 moot.