Full text
United States Court of Appeals
Fifth Circuit
F I L E D
May 10, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-11398
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JOHNNY PEREZ, JR also known as, Shank
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
(03-CR-20)
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Before JONES, BARKSDALE, and PRADO, 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 to the United States District Court for the
Northern District of Texas, Wichita Falls Division for
resentencing is granted.
________________
* 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that this opinion should not be published and is not precedent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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