United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 11, 2007

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 06-50992 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. SERGIO ADAN ARUJUO also known as, Serfio Arujuo also known as, Mario Hernandez also known as, Pedro Rodriguez-Herrera Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Pecos --------------------- Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the appellant’s unopposed motion to

vacate sentence of the district court is GRANTED.

IT IS FURTHER ORDERED that the appellant’s unopposed motion

to remand case to United States District Court for re-sentencing

is GRANTED.

It IS FURTHER ORDERED that the appellant’s unopposed motion

to issue the mandate forthwith upon entry of the court’s order 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.