United States of America v. Alberto Rojas-De La Rosa

United States Court of Appeals
Fifth Circuit
F I L E D
July 27, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-50534
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALBERTO ROJAS-DE LA ROSA
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(03-CR-666)
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Before KING, Chief Judge, and DeMOSS and CLEMENT, 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.
_________________
* 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that this opinion should not be published and is not precedent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.

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IT IS FURTHER ORDERED that appellee’s alternative unopposed
motion to extend time to file appellee’s brief until 14 days
after denial of motion to vacate and remand is denied as moot.

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