United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT January 10, 2007 _____________________ Charles R. Fulbruge III No. 05-51446 Clerk Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN JOSE ROMERO-ROMERO,

Defendant-Appellant.

--------------------- Appeal from the United States District Court for the Western District of Texas (05-CR-79) ---------------------

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 un-

opposed motion to remand case to district court for resentencing

is GRANTED. IT IS FURTHER ORDERED that appellee’s unopposed mo-

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR.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