IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
_____________________ Fifth Circuit
No. 04-50730 F I L E D
_____________________
April 29, 2005
UNITED STATES OF AMERICA Charles R. Fulbruge III
Clerk
Plaintiff - Appellee
v.
RICHARD AARON FIELDS
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-86)
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:
IT IS ORDERED that Appellee’s motion to vacate the sentence
is granted.
IT IS FURTHER ORDERED that Appellee’s motion to remand the
case to the Western District of Texas, Waco 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that this opinion should not be published and is not precedent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.
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
denied as moot.