United States v. Campa-Favela

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 --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-1902-ALL-FM --------------------- 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.