United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
June 30, 2006
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 05-51305
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ROBERTO VARGAS-CARRAZCO also known as, Roberto Vargas
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:1
IT IS ORDERED that Appellee’s unopposed motion to vacate
sentence is GRANTED.
IT IS FURTHER ORDERED that Appellee’s motion to remand the
case to district court for resentencing is GRANTED.
IT IS FURTHER ORDERED that Appellee’s alternative motion to
extend the time to file Appellee’s brief fourteen (14) days from
the date of the denial of Appellee’s motion to vacate and remand
is DENIED.
1
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.