United States v. Argumedo-Cardiel

United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS April 27, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 04-51154 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. JUAN GABRIEL ARGUMEDO-CARDIEL Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1463-DB --------------------- Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* IT IS ORDERED that appellee’s unopposed motion to vacate the sentence is GRANTED. IT IS FURTHER ORDERED that appellee’s unopposed motion to remand case to the United States District Court for the Western District of Texas, El Paso Division for resentencing is GRANTED. IT IS FURTHER ORDERED that appellee’s unopposed motion to extend time to file appellee’s brief until 14 days from the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Court’s denial of appellee’s motion to vacate and remand is DISMISSED as moot.