United States v. Garcia-Rodriguez

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT June 28, 2006 _____________________ Charles R. Fulbruge III No. 05-50096 Clerk _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. VICTOR GARCIA-RODRIGUEZ also known as, Victor Rodriguez-Garcia Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas (03-CR-593) ---------------------

Before SMITH, GARZA, and PRADO, Circuit Judges.

PER CURIAM:

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

sentence is granted.

IT IS FURTHER ORDERED that the appellee’s unopposed motion

to remand case to district court for resentencing is granted.

IT IS FURTHER ORDERED that the appellee’s unopposed

alternative motion to extend time to file appellee’s brief until

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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 14 days after denial of motion to vacate and remand is moot.