United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D FOR THE FIFTH CIRCUIT January 10, 2007 _____________________ No. 06-50760 Charles R. Fulbruge III _____________________ Clerk

UNITED STATES OF AMERICA Plaintiff - Appellee v. JESUS LOPEZ-MOLINA Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso ---------------------

Before SMITH, WIENER and OWEN, 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 the United States District Court

for re-sentencing is GRANTED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. IT IS FURTHER ORDERED that the appellee’s alternative

unopposed motion to extend time to file it’s brief until

thirty days after the court’s denial of the motion to vacate

and remand is DENIED as unnecessary.