United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 8, 2007

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 06-50833 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, v. JESUS SALVADOR ALVAREZ-ANIMA, Defendant-Appellant. --------------------- Appeal from the United States District Court for the Western District of Texas ---------------------

Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellee’s unopposed motion to vacate

sentence is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

remand for resentencing is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

extend time to file appellee’s brief for 30 days from this

court’s denial of appellee’s motion to vacate and remand is

DENIED as unnecessary.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR. R. 47.5.4.