United States v. Woosley

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS June 24, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-51386 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee v. ROBBIE WOOSLEY Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, Austin ---------------------

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:1

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 the United States District Court for

the Western District of Texas, Austin Division for resentencing

is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s alternative

1 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1 unopposed motion for an extension of 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 AS MOOT.