IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________ United States Court of Appeals
Fifth Circuit
No. 04-51101
_____________________ F I L E D
April 19, 2005
UNITED STATES OF AMERICA
Charles R. Fulbruge III
Clerk
Plaintiff - Appellee
v.
ANTONIO DOMINGUEZ-MARTINEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(03-CR-321)
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Before WIENER, STEWART, and PRADO, Circuit Judges.
PER CURIAM:
IT IS ORDERED that Appellee’s unopposed motion to vacate
sentence is granted.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand case for resentencing is granted.
IT IS FURTHER ORDERED that Appellee’s unopposed alternative
motion for an extension of time to file the Appellee’s brief 14
_________________
*Pursuant to the 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that this opinion should not be published and is not precedent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.
days from the denial of the motion to vacate and remand is denied
as moot.