Case: 12-40593 Document: 00512301103 Page: 1 Date Filed: 07/09/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 9, 2013 No. 12-40593 Lyle W. Cayce Summary Calendar Clerk

UNITED STATES OF AMERICA, Plaintiff - Appellee v. RICARDO OYERVIDES, Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-60

ON PETITION FOR REHEARING Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.

PER CURIAM:* IT IS ORDERED that the petition for rehearing is granted. The sentence is vacated and the case is remanded for resentencing. Peugh v. United States, 133 S. Ct. 2072 (2013).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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