United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS F I L E D
FOR THE FIFTH CIRCUIT July 5, 2005
_____________________
No. 04-51459 Charles R. Fulbruge III
_____________________ Clerk
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JUAN CARLOS ZACARIAS-AMADOR
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-668)
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Before GARZA, DeMOSS, and CLEMENT, 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 case for resentencing in light of the Supreme Court’s
recent opinion in Booker and this Court’s opinion in Mares is
granted.
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*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this opinion should not be published and is not precedent except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.
IT IS FURTHER ORDERED that appellee’s unopposed motion in
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 moot.