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* District Judge of the Northern District of Ohio, sitting by
designation.
** 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40940
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNEDY PETER GAMBOA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
July 10, 2001
Before HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges, and DOWD*,
District Judge.
PER CURIAM:**
Concluding that we have jurisdiction in this case, we accept
the government’s confession of error and remand to the able
district judge for resentencing, without the 17 months added on the
first remand.
REMANDED.
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