IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

January 8, 2009

No. 08-40207

Summary Calendar Charles R. Fulbruge III

Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

OMAR GONZALEZ-FERNANDEZ, also known as Omar Fernandez-Gonzalez,

also known as Carlos Gonzalez-Hernandez, also known as Carlos Manuel

Gonzalez-Hernandez, also known as Omar Hernandez-Gonzalez

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:07-CR-1456-ALL

Before REAVLEY, DAVIS, and ELROD, Circuit Judges.

PER CURIAM:* Rehearing is granted. An amended transcript of the sentencing shows that the written sentence of three years supervised release accords with the oral sentence. Our record being inconsistent, we follow the request of the defendant with our remand for the district court to decide whether further action should be taken.

REMANDED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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