United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FILED
FOR THE FIFTH CIRCUIT April 15, 2005
_____________________
Charles R. Fulbruge III
No. 04-51411 Clerk
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ELEAZAR ALCAYAGA-MALDONADO
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-1563-ALL-KC
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee’s unopposed motion to vacate the
sentence is GRANTED.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand the case 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 Appellee’s alternative request
for an extension of time to file the Appellee’s brief 14 days
from the denial of Appellee’s motion to vacate and remand
is DISMISSED AS MOOT.
*
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opinion should not be published and is not precedent except under the limited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.