United States of America v. Jesus Rivas-Zubiate

1Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under limited circumstances set forth in 5th Cir. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 16, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 04-51387
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JESUS RIVAS-ZUBIATE
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
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Before JONES, BARKSDALE and PRADO, Circuit Judges.
PER CURIAM:1
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 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 alternative motion to
extend time to file Appellee’s brief until 14 days from the

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2
Court’s denial of Appellee’s motion to vacate and remand is
DENIED AS UNNECESSARY.

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