United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 5, 2007

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 06-51365 Summary Calendar _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. HERMILO LEON-GARCIA 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 appellant’s unopposed motion to vacate

sentence is GRANTED. IT IS FURTHER ORDERED that appellant’s un-

opposed motion to remand the case to district court for resen-

tencing in light of Lopez v. Gomez is GRANTED. IT IS FURTHER

ORDERED that appellant’s unopposed motion to issue the mandate

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR.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 immediately upon entry of the court’s opinion is GRANTED.