United States of America v. Miguel Fernando Monarrez-Lozano

* 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opinion should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-50922
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MIGUEL FERNANDO MONARREZ-LOZANO
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:01-CR-1900-ALL-DB
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Before GARZA, 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 for resentencing in light of Supreme Court’s opinion in
Booker and this Court’s opinion in Mares is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
extend time to file appellee’s brief until 14 days from the
Court’s denial of appellee’s motion to vacate and remand is MOOT.
United States Court of Appeals
Fifth Circuit
F I L E D
April 15, 2005
Charles R. Fulbruge III
Clerk

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