United States v. Rinehart

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 9, 2006 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 05-41593 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. TIMOTHY RINEHART Defendant - Appellant

--------------------- Appeal from the United States District Court for the Eastern District of Texas (04-CR-82) ---------------------

Before HIGGINBOTHAM, BENNAVIDES and DENNIS, Circuit Judges.

PER CURIAM:

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

district court judgment and remand the case is granted for

sentencing anew. Defendant shall be given the opportunity to

withdraw his plea.

IT IS FURTHER ORDERED that the appellee’s alternative motion

for extension of time to file appellee’s brief until 20 days __________________

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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

unnecessary.