United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 9, 2007

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 06-51258 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. OSBALDO O CORTEZ Defendant - Appellant

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

Before JOLLY, GARZA, and DENNIS, Circuit Judges

PER CURIAM:*

IT IS ORDERED that Appellant’s unopposed motion to vacate

sentence of the district court is GRANTED.

IT IS FURTHER ORDERED that Appellant’s unopposed motion to

remand case for resentencing is GRANTED.

IT IS FURTHER ORDERED that Appellant’s unopposed motion to

issue the mandate forthwith upon entry of the court’s opinion 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this order should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.