United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FILED
June 24, 2005
FOR THE FIFTH CIRCUIT
_____________________
Charles R. Fulbruge III
No. 05-50043 Clerk
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RICHARD CLARK
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, San Antonio
5:03-CR-626-ALL
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that appellee’s motion to vacate sentence is
GRANTED.
IT IS FURTHER ORDERED that appellee’s motion to remand to
district court for resentencing in light of the Supreme Court’s
recent opinion in Booker and this Court’s opinion in Mares is
GRANTED.
IT IS FURTHER ORDERED that appellee’s motion to extend time
to file appellee’s brief 14 days from the Court’s denial of
appellee’s 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.