United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 15, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-10215 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. STEVEN O'NEAL Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas --------------------- Before SMITH, GARZA, and PRADO, 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 case to district court for re-sentencing in light of the Supreme Court decision in USA v. Booker is GRANTED.