
    UNITED STATES of America, Plaintiff-Appellant, v. Fernando GODINEZ, Defendant-Appellee.
    No. 03-50607. D.C. No. CR-02-00652-GAF.
    United States Court of Appeals, Ninth Circuit.
    Feb. 14, 2005.
    Nancy B. Spiegel, Esq., Ronald L. Cheng, Esq., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellant.
    Andrew M. Stein, Esq., Bellflower, CA, for Defendant-Appellee.
    Before SCHROEDER, Chief Judge, GOULD, and CLIFTON, Circuit Judges.
   ORDER

The memorandum disposition filed on December 23, 2004, is withdrawn. The sentence previously imposed upon Defendant-Appellant is vacated. The matter is remanded to the district court for reconsideration in accordance with United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

VACATED; REMANDED FOR RE-SENTENCING.  