United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 20, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 05-50100 Clerk _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. ARTURO SALAS-SALAS Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso --------------------- Before JONES, BARKSDALE, and PRADO, 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.

IT IS FURTHER ORDERED that Appellee’s alternative request for an extension of time to file the Appellee’s brief 14 days

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. from the denial of Appellee’s motion to vacate and remand is denied as moot.