United States v. Villanueva

Opinion

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT June 23, 2005 _____________________ No. 04-11510 Charles R. Fulbruge III _____________________ Clerk

UNITED STATES OF AMERICA Plaintiff - Appellee v. JAVIER BALDERAS VILLANUEVA Defendant - Appellant

--------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:03-CR-2031-ALL-KC ---------------------

Before WIENER, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Appellee’s unopposed motion to vacate the

sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

remand the case to the Northern District of Texas, Dallas

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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