IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT _____________________ F I L E D No. 04-51353 June 29, 2005 _____________________ Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. ORLANDO MORALES Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-1152) --------------------- Before WIENER, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:

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

IT IS FURTHER ORDERED that appellee’s unopposed motion to remand to district court for resentencing is granted.

IT IS FURTHER ORDERED that appellee’s unopposed motion to __________________ * Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. extend time to file appellee’s brief 14 days from the Court’s denial of appellee’s motion to vacate and remand is denied as moot.