United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS April 6, 2005
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
_____________________ Clerk
No. 04-51203
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JUAN CARLOS TERRAZAS-AGUADO
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-465-ALL
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Before WIENER, BENAVIDES, and STEWART, 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
extend time to file appellee’s brief until 14 days from the
*
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opinion should not be published and is not precedent except under the limited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.
Court’s denial of appellee’s motion to vacate and remand is
DENIED AS MOOT.