United States v. Silva-Galvan

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FILED July 13, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 04-51432 Clerk _____________________

UNITED STATES OF AMERICA Plaintiff - Appellee v. RAMON SILVA-GALVAN Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Del Rio 2:04-CR-665-ALL-WWJ ---------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the unopposed motion of appellee to

vacate sentence is GRANTED.

IT IS FURTHER ORDERED that the unopposed motion of appellee

to remand the case to the United States District Court 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 the unopposed motion of appellee

to extend time to file appellee’s brief 14 days from the Court’s

denial of appellee’s motion to vacate and remand is DENIED as

unnecessary.