United States v. Morales-Rodriguez

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 29, 2007

Charles R. Fulbruge III Clerk No. 06-40655 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ARTURO MORALES-RODRIGUEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-2571-ALL --------------------

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:*

Arturo Morales-Rodriguez has filed an unopposed motion to

expedite this appeal and an unopposed motion to summarily affirm

the conviction and summarily vacate the sentence and remand for

resentencing in light of Lopez v. Gonzales, 127 S. Ct. 625

(2005), and United States v. Estrada-Mendoza, 475 F.3d 258 (5th

Cir. 2007). The motions are GRANTED, the conviction is AFFIRMED,

the sentence is VACATED, and the case is REMANDED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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