
    UNITED STATES of America, Plaintiff-Appellee v. Emilio BUSTOS-RIOS, Defendant-Appellant.
    No. 05-50007.
    United States Court of Appeals, Fifth Circuit.
    Decided Aug. 23, 2005.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Donna F. Coltharp, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before JONES, WIENER, and DeMOSS, 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 case to district court for re-sentencing is GRANTED.

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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     