IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ United States Court of Appeals Fifth Circuit No. 04-50940 _____________________ F I L E D April 26, 2005 UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. ANTONIO MARTINEZ-JIMENEZ Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-310) --------------------- Before WIENER, BENAVIDES, and STEWART, 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 US District Court for the Western District

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_________________ *Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

IT IS FURTHER ORDERED that Appellee’s unopposed alternative

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 denied as moot.