United States of America v. JOSE MANUEL HERRERA-DUAY also known as, Jose Manuel Herrero also known as, Jose…

*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this opinion should not be published and is not precedent except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
December 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 06-50916
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JOSE MANUEL HERRERA-DUAY also known as, Jose Manuel Herrero
also known as, Jose Manuel Herrera also known as, Jose
Herrero
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
(05-CR-2610)
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee’s unopposed motion to vacate
sentence of district court is GRANTED.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand to district court for resentencing is GRANTED.

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IT IS FURTHER ORDERED that Appellee’s unopposed alternative
motion for extension time to file Appellee’s brief thirty (30)
days from Court’s denial of Appellee’s motion to vacate and
remand is DENIED as moot.

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