United States v. Aranda

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 17, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-50920 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. GUSTAVO BENITEZ ARANDA also known as, Leonel Villa Luna Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso ---------------------

Before WIENER, BENAVIDES, and STEWART, 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 the case to the Western District of Texas, El Paso

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

1 IT IS FURTHER ORDERED that Appellee’s unopposed motion to

withdraw Appellee’s brief is granted.