United States v. Dominguez-Martinez

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 --------------------- Appeal from the United States District Court for the Western District of Texas (03-CR-321) --------------------- 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brief 14 _________________ *Pursuant to the 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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.