United States of America v. SERGIO HERNANDEZ-FLORES also known as, Francisco Martinez

* 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opinion should not be published and is not precedent except under the limited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. 04-51004
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
SERGIO HERNANDEZ-FLORES also known as, Francisco Martinez
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-456-ALL-PRM
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Before DAVIS, SMITH, and DENNIS, 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 US District Court for the Western District of
Texas, El Paso Division for resentencing is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
United States Court of Appeals
Fifth Circuit
F I L E D
April 14, 2005
Charles R. Fulbruge III
Clerk

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extend time to file appellee’s brief until 14 days from the
Court’s denial of appellee’s motion to vacate and remand is
DENIED.

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