United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS April 6, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 05-50040 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. VALENTIN LOPEZ-SIGALA Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1459-ALL ---------------------

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Appellant’s unopposed motion to

vacate the sentence is GRANTED.

IT IS FURTHER ORDERED that Appellant’s unopposed motion

to remand the case to the Western District of Texas, El Paso

Division for resentencing is GRANTED.

IT IS FURTHER ORDERED that Appellant’s motion to suspend

briefing is DENIED 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. IT IS FURTHER ORDERED that Appellant’s alternative request

for an extension of time to file the Appellee’s brief 30 days

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

is DENIED as moot.