United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 18, 2007

_____________________ Charles R. Fulbruge III Clerk No. 06-51061 _____________________

UNITED STATES OF AMERICA, Plaintiff - Appellee,

ISMAEL TOSTADO-NUNEZ, 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 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 district court for re-sentencing is GRANTED.

IT IS FURTHER ORDERED that the Appellant’s unopposed motion to

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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