United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FILED
July 22, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
No. 05-50021 Clerk
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JOSE HUMBERTO CAMPA-FAVELA also known as, Carlos
Fabela-DeLeon
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-1902-ALL-FM
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Before JOLLY, DAVIS, and OWEN, 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 to district court for resentencing in light of the Supreme
Court’s opinion in USA v. Booker and this court’s opinion in USA
v. 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 unopposed
motion for extension of time for a period of fourteen (14) days
from the court’s denial of appellee’s motion to vacate and remand
is MOOT.