United States of America v. Ray Gene Brasher

* 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opinion should not be published and is not precedent except under the limited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. 04-51121
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RAY GENE BRASHER
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Waco
6:04-CR-137-ALL
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Before WIENER, BENAVIDES, and STEWART, 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 to district court for resentencing in light of the Supreme
Court's recent opinion in US v. Booker and this Court's opinion
in US v. Mares 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
is DENIED as moot.
United States Court of Appeals
Fifth Circuit
F I L E D
April 13, 2005
Charles R. Fulbruge III
Clerk

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