United States v. Andrade-Castaneda

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals _____________________ Fifth Circuit No. 04-11035 F I L E D _____________________ May 9, 2005

UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. DAMACIO ANDRADE-CASTANEDA Defendant - Appellant --------------------- Appeal from the United States District Court for the Northern District of Texas (03-CR-295) --------------------- Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:

IT IS ORDERED that the Appellee’s unopposed motion to vacate

the sentence is granted.

IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to remand the case to the United States District Court for the

Northern District of Texas, Dallas Division for resentencing is

granted.

__________________

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to correct the record to include page 10 of the indictment is

granted.