United States v. Morales-Jimenez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 20, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 04-51348 Clerk _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. CARLOS MORALES-JIMENEZ also known as, Rigoberto Morales 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 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, El Paso Division for resentencing is GRANTED. IT IS FURTHER ORDERED that the Appellee’s alternative motion * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 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 and remand is DENIED AS MOOT.