United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
May 17, 2005
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
_____________________ Clerk
No. 04-50920
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
GUSTAVO BENITEZ ARANDA also known as, Leonel Villa Luna
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
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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 the case to the Western District of Texas, El Paso
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
1
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
withdraw Appellee’s brief is granted.
2