IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________ United States Court of Appeals
Fifth Circuit
No. 04-51286 F I L E D
_____________________
May 27, 2005
UNITED STATES OF AMERICA
Plaintiff - Appellee Charles R. Fulbruge III
Clerk
v.
RAMON RAMIREZ-NIEVES
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1085)
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Before JONES, BARKSDALE, and PRADO, 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 in
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* 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that this opinion should not be published and is not precedent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.
the alternative to extend time to file appellee’s brief until 14
days from the Court’s denial of appellee’s motion to vacate and
remand is denied as moot.