IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
m 98-20406
_______________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
ALFONSO CASTANO,
Defendant-Appellant.
_________________________
Appeal from the United States District Court
for the Southern District of Texas
_________________________
July 6, 2000
ON PETITION FOR REHEARING and the panel opinion, 211 F.3d 871 (5th Cir.
2000), is WITHDRAWN. The order denying
the motion to vacate sentence is REVERSED,
Before POLITZ, SMITH, and DENNIS, and the judgment of conviction and sentence is
Circuit Judges. VACATED and REMANDED for re-entry of
judgment and the opportunity to appeal that
PER CURIAM: new judgment. See Mack v. Smith, 659 F.2d
23, 26 (5th Cir. Unit A Oct. 1981) (per
In its petition for panel rehearing, the gov- curiam).
ernment now confesses error and takes the po-
sition that Castano is entitled to relief. Ac- We express no view on the legal propriety
cordingly, on the basis of the government’s re- of the government’s concession or on what ac-
quest, the petition for rehearing is GRANTED, tion this court should take once any appeal
from the new judgment is filed.
2