United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE FIFTH CIRCUIT June 23, 2005
_____________________
No. 04-11510 Charles R. Fulbruge III
_____________________ Clerk
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JAVIER BALDERAS VILLANUEVA
Defendant - Appellant
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Appeal from the United States District Court for the
Northern District of Texas, Dallas
3:03-CR-2031-ALL-KC
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Before WIENER, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
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 Northern District of Texas, Dallas
Division 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.