United States of America v. Luis Alfonso Talamantes-Rincon

United States Court of Appeals
Fifth Circuit
F I L E D
August 1, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51451
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
LUIS ALFONSO TALAMANTES-RINCON
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1394)
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Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
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.
IT IS FURTHER ORDERED that appellee’s alternative motion to
extend time to file appellee’s brief until fourteen (14) days
after denial of the motion to vacate and remand is denied as moot.
_________________
* 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that this opinion should not be published and is not precedent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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