United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 8, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-50804 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. ADAN RUIZ-LOERA also known as, Eugenio Rivera-Hernandez also known as, Adan Ruiz Loera Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso --------------------- Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:1

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 District Court for resentencing is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s alternative

Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. unopposed motion to extend time to file the Appellee’s supplemental brief until fourteen (14) days from the Court’s denial of the Appellee’s motion to vacate and remand is MOOT.