United States v. Chacon-Avitia

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS June 24, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-50763 _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. RAMON GERARDO CHACON-AVITIA also known as, Ramon Gerardo Chacon-Avita Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-475-ALL-DB ---------------------

Before KING, Chief Judge, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellant’s unopposed motion to remand

case for resentencing is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

extend time to file appellant’s supplemental brief 20 days from

the Court’s denial of appellant’s motion to remand is DENIED as

unnecessary.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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