United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS November 8, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 05-50511 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. MARTIN CAMPA-HERNANDEZ Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-2579 --------------------- Before BARKSDALE, STEWART and CLEMENT, Circuit Judges. PER CURIAM:*

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

unopposed motion to extend time to file the Appellee’s brief

fourteen (14) days from the Court’s denial of the Appellee’s

motion to vacate and remand is DENIED AS MOOT.

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.