United States v. Silva-Escamilla

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 --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso --------------------- 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vacate and remand is DENIED as moot. 1 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.