United States v. Vivar-Acosta

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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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