United States v. Lugo-Regalado

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS June 23, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-51456 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. JOSE CARMEN LUGO-REGALADO Defendant - Appellant

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

Before DAVIS, SMITH and DENNIS, Circuit Judges.

PER CURIAM:1

IT IS ORDERED that the unopposed motion of appellee to

vacate the sentence is GRANTED.

IT IS FURTHER ORDERED that the unopposed motion of appellee

to remand case to the district court for resentencing is GRANTED.

IT IS FURTHER ORDERED that the unopposed motion of appellee

for a 14 day extension of time to file appellee’s brief is DENIED

AS UNNECESSARY.

1 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. 47.5.4.