IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT _____________________ FILED December 5, 2005 No. 02-21200 _____________________ Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. ARTHUR ANDERSEN, LLP Defendant - Appellant --------------------- Appeal from the United States District Court for the Southern District of Texas, Houston --------------------- Before REAVLEY, HIGGINBOTHAM, and BENAVIDES, Circuit Judges. PER CURIAM:

IT IS ORDERED that appellee’s unopposed motion for remand to

the United States District Court for the Southern District of

Houston so the government may move to dismiss the indictment

is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

vacate the order of October 27, 2005, pending disposition of the

appellee's motion to remand is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

issue a revised supplemental briefing schedule that would begin

from the date denying the governments motion for remand giving

the appellant adequate time to submit a supplemental brief

is DENIED as moot.