United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
June 3, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 04-51404
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
GUSTAVO SILVA-ESCAMILLA
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
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 re-sentencing is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed alternative
motion to extend time to file appellee’s brief until fourteen
(14) days from the Court’s denial of appellee’s motion to vacate
and remand is DENIED as moot.
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.