United States Court of Appeals
Fifth Circuit
FILED
April 8, 2005
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
_____________________ Clerk
No. 04-50939
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JESUS HERNANDEZ-RAIGOZA also known as, Javier
Rodarte-Delgado
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-307-ALL-KC
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Before JONES, BARKSDALE, 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 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
alternative motion to extend time to file Appellee’s brief
*
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opinion should not be published and is not precedent except under the limited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.
fourteen (14) days from the Court’s denial of the Appellee’s
motion to vacate and remand is DENIED as unnecessary.