United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 10, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 06-41552 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. CARLOS MANUEL GONZALEZ Defendant - Appellant

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

PER CURIAM:*

IT IS ORDERED that appellant’s unopposed motion to summarily affirm the judgment in part is GRANTED; Appellant’s conviction is AFFIRMED;

IT IS FURTHER ORDERED that appellant’s unopposed motion to vacate the judgment in part is GRANTED; Appellant’s sentence is vacated.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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