                                                         United States Court of Appeals
                                                                  Fifth Circuit
                                                               F I L E D
                 IN THE UNITED STATES COURT OF APPEALS           May 6, 2005

                         FOR THE FIFTH CIRCUIT             Charles R. Fulbruge III
                                                                   Clerk
                         _____________________

                             No. 02-30514
                         _____________________



UNITED STATES OF AMERICA

                       Plaintiff - Appellee

     v.

KENNETH WAYNE PEARSON

                       Defendant - Appellant

_________________________________________________________________

           Appeal from the United States District Court
               for the Western District of Louisiana
_________________________________________________________________

         ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.

PER CURIAM:*

     Defendant Kenneth Wayne Pearson argues that his sentence

should be vacated in light of United States v. Booker, 125 S. Ct.

738 (2005), and the case remanded to the district court for

resentencing.     The government does not oppose a remand for the

purpose of resentencing.     Accordingly, IT IS ORDERED that the


     *
          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that this opinion should not be published and is not precedent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.
defendant’s conviction is REINSTATED.   IT IS FURTHER ORDERED that

the defendant’s sentence is VACATED and REMANDED to the United

States District Court for the Western District of Louisiana for

resentencing.




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