
    UNITED STATES of America, Plaintiff-Appellee v. Agustin ORTIZ-DE LA FUENTE, Defendant-Appellant.
    No. 04-51381.
    United States Court of Appeals, Fifth Circuit.
    Decided Aug. 5, 2005.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Suite B-207, Philip J. Lynch, Suite B-207, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before SMITH, GARZA, and PRADO, Circuit Judges.
   PER CURIAM:

IT IS ORDERED that appellee’s unopposed motion to vacate sentence is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to remand to district court for resentencing in light of the Supreme Courts recent opinion in US v. Booker and this Court’s opinion in US v. Mares is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed alternative motion to extend time to file appellee’s brief 14 days from the Court’s denial of appellee’s motion to vacate and remand is 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     