United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS April 7, 2006
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 05-50964
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ARMANDO MARTINEZ-LOPEZ
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
2:05-CR-72
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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 the district court for resentencing is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed alternative
motion to extend time to file appellee’s brief until 14 days
after denial of motion to vacate and remand is DENIED as moot.
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.