United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
June 7, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 04-51308
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MARIO MEDINA-GONZALEZ
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:1
IT IS ORDERED that the Appellee’s unopposed motion to vacate
the sentence is GRANTED;
IT IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand the case to the United States District Court for the
Western District of Texas, Del Rio Division for resentencing is
GRANTED;
IT IS FURTHER ORDERED that the Appellee’s alternative motion
to extend time to file the Appellee’s brief until fourteen (14)
days from the Court’s denial of the Appellee’s motion to vacate
1
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
and remand is DENIED AS UNNECESSARY.
2