United States v. Esser

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D FOR THE FIFTH CIRCUIT July 22, 2005 _____________________ No. 04-51372 Charles R. Fulbruge III _____________________ Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. RICHARD KEITH ESSER Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas (04-CR-386) --------------------- Before JONES, BARKSDALE, and PRADO, 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 case 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. __________________ * Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 alternative motion to extend time to file Appellee’s brief fourteen (14) days after the denial of the Appellee’s motion to vacate and remand is denied as unnecessary.