United States of America v. Javier Morales-Sanchez

United States Court of Appeals
Fifth Circuit
F I L E D
April 18, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51430
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JAVIER MORALES-SANCHEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1135)
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Before GARZA, DeMOSS, and CLEMENT, 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 the Western District of Texas, El Paso
Division for resentencing is granted.
______________
* 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that this opinion should not be published and is not precedent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 moot.

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