United States of America v. Alberto Lerma-Galindo

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 04-50750
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALBERTO LERMA-GALINDO
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-59)
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
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, Del Rio
Division for resentencing is granted.
IT IS FURTHER ORDERED that Appellee’s alternative request
for an extension of time to file the Appellee’s brief 14 days
from the denial of Appellee’s motion to vacate and remand
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*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this opinion should not be published and is not precedent except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. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 5, 2005
Charles R. Fulbruge III
Clerk

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is dismissed as moot.

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