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. 06-50956 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. JOSE LUIS CORTEZ-GERONIMO also known as, Jose Luis Cortes Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Austin ---------------------

Before JOLLY, GARZA and DENNIS, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the appellee’s unopposed motion to vacate

sentence of the district court is GRANTED.

IT IS FURTHER ORDERED that the appellee’s unopposed motion

to remand case to the United States District Court for re-

sentencing is GRANTED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this order should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. IT IS FURTHER ORDERED that the appellee’s alternative

unopposed motion to extend time to file it’s brief thirty days

after this court’s denial of the motion to vacate and remand is

DENIED AS MOOT.