United States v. Aranda

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 --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso --------------------- 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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