United States v. Brucker

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ United States Court of Appeals Fifth Circuit No. 04-51325 _____________________ F I L E D UNITED STATES OF AMERICA April 21, 2005

Plaintiff - Appellee Charles R. Fulbruge III Clerk v. MICHAEL JAMES BRUCKER Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-1100) --------------------- Before JONES, BARKSDALE, and PRADO, 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 to district court for resentencing in light of the Supreme

Court’s recent opinion in U.S. v. Booker and this Court’s opinion

in U.S. v. Mares is granted.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

______________ * Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. extend time to file appellee’s brief 14 days from the Court’s

denial of appellee’s motion to vacate and remand is denied as

moot.