United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS March 1, 2006 FIFTH CIRCUIT Charles R. Fulbruge III ____________ Clerk No. 05-30536 ____________

UNITED STATES OF AMERICA,

Plaintiff - Appellant,

versus

RICHARD ROWAN, II,

Defendant - Appellee.

Appeal from the United States District Court For the Western District of Louisiana USDC No. 6:04-CR-60010

Before JOLLY, GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

We VACATE Rowan’s sentence and REMAND to the district court for re-sentencing

pursuant to United States v. Duhon, No. 05-30387 (5th Cir. Feb. 17, 2006).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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