Case: 18-50843 Document: 00514862891 Page: 1 Date Filed: 03/07/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-50843 Fifth Circuit FILED Summary Calendar March 7, 2019 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff - Appellee v. ARON VAZQUEZ-MADRID, also known as Aron Vasquez-Madrid, Defendant - Appellant

Consolidated with No. 18-50847, UNITED STATES OF AMERICA, Plaintiff - Appellee v. AARON GERARDO VASQUEZ-MADRID, Defendant - Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 7:16-CR-273-1 USDC No. 4:18-CR-280-1 Case: 18-50843 Document: 00514862891 Page: 2 Date Filed: 03/07/2019

Before OWEN, WILLETT, and OLDHAM, Circuit Judges: PER CURIAM:* IT IS ORDERED that appellees’ unopposed motion to dismiss appeal as moot is DENIED. The district court lacked jurisdiction to modify its sentence during the pendency of this appeal. See United States v. Lucero, No. 17-50709, 2018 WL 6200326, at *1-2 (5th Cir. Nov. 27, 2018).

IT IS ORDERED that the district court’s original judgment entered on October 1, 2018 is VACATED. We treat the district court’s January 23, 2019, order as an indicative ruling and REMAND to the district court.

IT IS FURTHER ORDERED that appellee’s alternative motion to extend time to file brief of appellee for 30 days from the denial of the motion to dismiss is DENIED AS MOOT.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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