United States v. Martinez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
May 31, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
_____________________ Clerk
No. 04-50850
_____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee
v.
VICTOR HUGO MARTINEZ
Defendant - Appellant

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Appeal from the United States District Court for the
Western District of Texas, Waco
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Before KING, Chief Judge, and DeMOSS, and CLEMENT, Circuit
Judges.

PER CURIAM:1

IT IS ORDERED that Appellee’s unopposed motion to vacate the

sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to

remand the case to the Western District of Texas, Waco Division

for resentencing is GRANTED.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
 IT IS FURTHER ORDERED that Appellee’s alternative request

for an extension of time to file the Appellee’s supplemental

brief 14 days from the denial of Appellee’s motion to vacate and

remand is DENIED AS MOOT.