United States v. Delgado-Lopez
This text of United States v. Delgado-Lopez (United States v. Delgado-Lopez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
United States Court of Appeals IN THE UNITED STATES COURT OF APPEALS Fifth Circuit
FOR THE FIFTH CIRCUIT FILED _____________________ April 27, 2005
No. 04-51171 Charles R. Fulbruge III _____________________ Clerk
Consolidated with 04-51402 UNITED STATES OF AMERICA Plaintiff - Appellee
v. MOISES DELGADO-LOPEZ Defendant - Appellant --------------------- Appeals from the United States District Court for the Western District of Texas, El Paso 3:04-CR-870-ALL --------------------- Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee’s unopposed motion to vacate the
sentence is GRANTED.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand the case to district court for resentencing in light of
the Supreme Court's opinion in Booker and this Court's opinion in
Mares is GRANTED.
IT IS FURTHER ORDERED that Appellee’s alternative request
for an extension of time to file the Appellee’s brief 14 days
from the denial of Appellee’s motion to vacate and remand
is DENIED as moot.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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