United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
May 25, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 05-50066
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JUAN GARCIA
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 JONES, BARKSDALE, and PRADO, 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 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 appellee’s unopposed motion in
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
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.