United States v. Morales-Macias

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT April 27, 2005 _____________________ No. 04-50781 Charles R. Fulbruge III _____________________ Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. JOSE MORALES-MACIAS Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, Del Rio 2:04-CR-89-1-AML --------------------- 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 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 unnecessary. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.