IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________ United States Court of Appeals
Fifth Circuit
No. 04-51113 F I L E D
_____________________
April 6, 2005
UNITED STATES OF AMERICA
Charles R. Fulbruge III
Clerk
Plaintiff - Appellee
v.
MICHAEL LAWRENCE PETISCA
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-146)
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Before JOLLY, HIGGINBOTHAM, and BENAVIDES, 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 to district court for resentencing in light of the Supreme
Court’s recent opinion in US v. Booker and this Court’s opinion
in US v. Mares is granted.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
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* 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that this opinion should not be published and is not precedent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.
extend time to file appellee’s brief 14 days from the Court’s
denial of appellee’s motion to vacate and remand is denied as
unnecessary.