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United States Court of Appeals
Fifth Circuit
F I L E D
May 26, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-11229
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
TERRELL M CLARK
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
(04-CR-70)
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the Appellee’s unopposed motion to vacate
the sentence is granted.
IT IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand the case for resentencing is granted.
IT IS FURTHER ORDERED that the Appellee’s unopposed
alternative motion to extend time to file the Appellee’s brief
_________________
* 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that this opinion should not be published and is not precedent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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fourteen (14) days from the Court’s denial of the Appellee’s
motion to vacate and remand is denied as moot.
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