IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 1, 2009
No. 08-31209
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CALVIN EFFRON,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
No. 2:08-CR-71-1
Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The parties agree that the sentence should be vacated and remanded for
resentencing, because some necessary documents were not provided to the dis-
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-31209
trict court for consideration with regard to prior convictions. They have filed a
joint motion for remand and resentencing.
The sentence is VACATED, and this matter is REMANDED for resenten-
cing. As agreed, the defendant preserves, for any appeal after remand, his sec-
ond issue on appeal, regarding the admission of trial testimony.
The government’s alternative motion to extend the time to file its brief is
DENIED as unnecessary.
2