United States Court of Appeals Fifth Circuit

FILED REVISED DECEMBER 1, 2005 November 30, 2005 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk _____________________ No. 03-50057 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. HORACE EDWARD HOLLIS, JR Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Waco W-02-CR-62-ALL ---------------------

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Appellee’s unopposed motion to vacate the

sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

remand case for resentencing consistent with Mitchell v. United

States,

(5th Cir. 1973) 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 the time to file supplemental material requested by court

fourteen (14) days from disposition of motion to vacate is DENIED AS MOOT.