Conference Calendar UNITED STATES OF AMERICA v. Morgan Allen Harris

*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this opinion should not be published and is not precedent except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
FOR THE FIFTH CIRCUIT
No. 01-40796
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MORGAN ALLEN HARRIS,
Defendant-Appellant.
______________________________________________
Appeal from the United States District Court for the
Southern District of Texas, Houston
C-01-CR-27-1
______________________________________________
December 2, 2002
Before JOLLY, JONES and BENAVIDES, Circuit Judges.*
PER CURIAM:
IT IS ORDERED that Appellant’s motion to recall the mandate
pursuant to Rule 41.2 of the Fifth Circuit Rules, reopen this
appeal, vacate appellant’s sentence and to remand for resentencing
in light of the en banc opinion in USA v. Charles, Case No. 01-
10113, is GRANTED.

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2
MANDATE RECALLED, SENTENCE VACATED AND REMANDED TO THE DISTRICT
COURT IN LIGHT OF USA v. CHARLES.

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