United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 12, 2007 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 06-50511 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. LEONARDO ARAGON-REYNA Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Austin --------------------- Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the Appellee’s unopposed motion to

vacate sentence of the district court is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to remand case to district court for re-sentencing is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s unopposed

alternative motion to extend time to file Appellee’s brief until

30 days after Court’s denial of motion to vacate and remand is

DISMISSED AS MOOT.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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