United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS F I L E D
FOR THE FIFTH CIRCUIT August 3, 2005
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No. 05-50052 Charles R. Fulbruge III
_____________________ Clerk
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
GUILIBALDO ALMAZAN-REYES
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-644)
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, 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 resentencing is granted.
IT IS FURTHER ORDERED that Appellee’s alternative unopposed
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* 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that this opinion should not be published and is not precedent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.
motion to extend time to file Appellee’s brief until 14 days
after denial of motion to vacate and remand is denied as
unnecessary.