United States v. Garcia-Guerrero

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS F I L E D May 20, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 04-51389 Clerk _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. AUDOMAR GARCIA-GUERRERO also known as, Jose Esquivel Defendant - Appellant

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

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

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

the sentence is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to remand to District Court for resentencing in light of the

Supreme Court’s opinion in Booker and this Court’s opinion in

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

IT IS FURTHER ORDERED that the Appellee’s unopposed

alternative motion to extend time to file the Appellee’s brief

until fourteen (14) days from the Court’s denial of the

Appellee’s motion to vacate and remand is MOOT.