United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FILED February 27, 2006 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 05-10712 Clerk _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. CARLOS GUTIERREZ RAMIREZ also known as, Carlos Ramirez Gutierrez Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Abilene 1:04-CR-44 ---------------------

Before JOLLY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Appellee’s unopposed motion to vacate

conviction and sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

remand case to district court for entry of an order dismissing

Count 1 of the indictment 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.