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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR.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