United States of America v. OSCAR CARDENAS-TORRES also known as, Jesus Angel Yanez

United States Court of Appeals
Fifth Circuit
F I L E D
April 29, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51251
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
OSCAR CARDENAS-TORRES also known as, Jesus Angel Yanez
Defendant - Appellant
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Appeals from the United States District Court
for the Western District of Texas
(04-CR-766)
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Before JONES, BARKSDALE, and PRADO, 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 district court for resentencing in light of
the Supreme Court's opinion in Booker and this Court's opinion in
Mares is granted.
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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that this opinion should not be published and is not precedent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. R.
47.5.4.

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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.

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