United States of America v. Omar Alejandro Chavez-Torres

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 04-51267
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
OMAR ALEJANDRO CHAVEZ-TORRES
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1440)
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the Appellee’s unopposed motion to vacate
the sentence is granted.
IT IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand the case to the United States District Court for the
Western District of Texas, El Paso Division for resentencing in
light of the Supreme Court’s recent opinion in USA v. Booker and
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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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 8, 2005
Charles R. Fulbruge III
Clerk

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this Court’s opinion in USA v. Mares is granted.
IT IS FURTHER ORDERED that the Appellee’s unopposed
alternative motion to extend time to file Appellee’s brief
fourteen (14) days from the court’s denial of the Appellee’s
motion to vacate and motion to remand is denied as unnecessary.

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