IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-11169
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellant
v.
RICKY CLYDE DUNCAN
Defendant - Appellee
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(4:95-CV-855-K)
_________________________________________________________________
(August 9, 1996)
BEFORE KING, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
The district court’s Order Granting Defendant’s Motion to
Vacate and Correct Sentence under 28 U.S.C. § 2255, filed December
12, 1995, granting Ricky Clyde Duncan’s Motion to Vacate or Correct
Sentence, reducing Duncan’s sentence to time served and releasing
Duncan is hereby vacated. The case is remanded to the district
court for further proceedings.
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
VACATED and REMANDED.