United States v. Vivar-Acosta

CourtCourt of Appeals for the Fifth Circuit
DecidedJune 29, 2005
Docket05-50116
StatusUnpublished

This text of United States v. Vivar-Acosta (United States v. Vivar-Acosta) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Vivar-Acosta, (5th Cir. 2005).

Opinion

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D FOR THE FIFTH CIRCUIT June 29, 2005 _____________________ No. 05-50116 Charles R. Fulbruge III _____________________ Clerk

UNITED STATES OF AMERICA

Plaintiff - Appellee v. SERGIO VIVAR-ACOSTA also known as, Sergio Vivar Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (03-CR-1893) --------------------- Before HIGGINBOTHAM, JONES, and PRADO, Circuit Judges. PER CURIAM:

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

the sentence is granted.

IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to remand the case to District Court for resentencing in light of

the Supreme Court’s opinion in Booker and this Court’s opinion in

Mares is granted.

IT IS FURTHER ORDERED that the Appellee’s unopposed _________________

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. alternative motion to extend time to file the Appellee’s brief

fourteen (14) days from the Court’s denial of the Appellee’s

motion to vacate and remand is denied.

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United States v. Vivar-Acosta, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vivar-acosta-ca5-2005.