United States v. Fields

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals _____________________ Fifth Circuit No. 04-50730 F I L E D _____________________ April 29, 2005 UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. RICHARD AARON FIELDS Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-86) ---------------------

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:

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

is granted.

IT IS FURTHER ORDERED that Appellee’s motion to remand the

case to the Western District of Texas, Waco 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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 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.