United States Court of Appeals
Fifth Circuit
FILED
April 13, 2005
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
_____________________ Clerk
No. 05-10032
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DAVID CANO-HERNANDEZ
Defendant - Appellant
---------------------
Appeal from the United States District Court for the
Northern District of Texas, Amarillo
2:04-CR-57-ALL
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the joint motion of the parties to vacate
the sentence is GRANTED.
IT IS FURTHER ORDERED that the joint motion of the parties
to remand the case to the United States District Court for the
Northern District of Texas, for the Amarillo Division for
resentencing is GRANTED.
*
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opinion should not be published and is not precedent except under the limited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.