United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FILED
July 12, 2005
FOR THE FIFTH CIRCUIT
_____________________
Charles R. Fulbruge III
No. 04-51390 Clerk
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALEJANDRO MARTINEZ-FLORES also known as, Raul Torres-Lopez
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
2:04-CR-317-1-AML
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that appellee’s unopposed motion to vacate
appellant’s sentence is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand to the district court for resentencing is GRANTED.
IT IS FURTHER ORDERED that appellee’s alternative motion to
extend time to file appellee’s brief for a period of fourteen
(14) days after this court’s denial of motion to vacate and
remand is MOOT.
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.