United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FILED
July 13, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
No. 04-11336 Clerk
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ANTONIO DE LA GARZA-GARCIA
Defendant - Appellant
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Appeal from the United States District Court for the
Northern District of Texas, Dallas
3:04-CR-43-3-N
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Before DAVIS, SMITH, and DENNIS, 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 District Court for resentencing is
GRANTED.
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.