United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT December 8, 2005 _____________________ No. 05-50138 Charles R. Fulbruge III _____________________ Clerk UNITED STATES OF AMERICA

Plaintiff - Appellee v. RAUL SALGADO-RAMOS also known as, Sergio Vasquez Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso (04-CR-1855) --------------------- 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

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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. until fourteen (14) days from the Court’s denial of the motion to

vacate and remand is denied as unnecessary.