United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 17, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-11438 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. FRANCISCO ESTABANE Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas (04-CR-97) --------------------- Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the Appellee’s unopposed motion to vacate the sentence is granted.

IT IS FURTHER ORDERED that the Appellee’s unopposed motion to remand the case to the United States District Court for the Northern District of Texas, Dallas Division for resentencing is granted.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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