United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS February 1, 2006 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-11042 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. PARIS D ST JOHN Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:03-CR-442 ---------------------

Before SMITH, GARZA, and PRADO, 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 to the district court for resentencing is GRANTED.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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