United States of America v. Aureliano Aguilar-Tapia

1Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Circuit
Rule 47.5.4.
1
United States Court of Appeals
Fifth Circuit
F I L E D
August 15, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51358
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
AURELIANO AGUILAR-TAPIA
Defendant - Appellant
---------------------
Appeal from the United States District Court for the
Western District of Texas, Del Rio
---------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:1
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 district court for resentencing is GRANTED.

-- 1 of 2 --

2
IT IS FURTHER ORDERED that appellee’s unopposed alternative
motion to extend time to file appellee’s brief until 14 days
after denial of the motion to vacate and remand is DENIED.

-- 2 of 2 --