United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 15, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 04-10215
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
STEVEN O'NEAL
Defendant - Appellant
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Appeal from the United States District Court for the
Northern District of Texas, Dallas
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:
IT IS ORDERED that appellee’s unopposed motion to vacate
sentence is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand case to district court for re-sentencing in light of the
Supreme Court decision in USA v. Booker is GRANTED.