United States v. Gonzalez-Barroza

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals _____________________ Fifth Circuit No. 04-51300 _____________________ F I L E D April 26, 2005 UNITED STATES OF AMERICA Charles R. Fulbruge III Clerk Plaintiff - Appellee v. JESUS JOSE GONZALEZ-BARROZA also known as, Jose Gonzalez-Barroza Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-890) ---------------------

Before JOLLY, HIGGINBOTHAM, and SMITH, 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 the Western District of Texas, El Paso

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__________________ *Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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