United States Court of Appeals IN THE UNITED STATES COURT OF APPEALS Fifth Circuit

FOR THE FIFTH CIRCUIT F I L E D _____________________ January 17, 2007 No. 06-40650 _____________________ Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff - Appellee v. ENRIQUE GUZMAN Defendant - Appellant

--------------------- Appeal from the United States District Court for the Southern District of Texas, Victoria ---------------------

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellant’s unopposed motion to summarily

affirm the judgment in part is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

vacate the judgment in part is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

remand case for resentencing in light of Lopez v. Gonzales is

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. GRANTED.