United States v. Luna

Opinion

Case: 24-10505 Document: 61-1 Page: 1 Date Filed: 05/15/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 24-10505 May 15, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Leovardo Luna,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-164-1 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges. Per Curiam:* We VACATE Leovardo Luna’s sentence and REMAND for resentencing to allow the district court to consider the impact of United States v. Rose, 127 F.4th 619 (5th Cir. 2025), in the first instance. The alternative joint motion for an extension of briefing is DENIED AS MOOT.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.