United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS F I L E D November 16, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 04-50042 Clerk Conference Calendar _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. TERRANCE OPEL POWELL also known as, Bobo Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Midland --------------------- ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, JONES, and WIENER, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the Appellee’s motion to reinstate this

Court’s prior affirmance of the Appellant’s conviction and

sentence is granted.

IT IS FURTHER ORDERED that Appellee’s alternative motion to

extend the time to file Appellee’s supplemental brief until

fourteen (14) days from this Court’s denial of the motion to

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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