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1Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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
May 31, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-50850
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
VICTOR HUGO MARTINEZ
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Waco
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Before KING, Chief Judge, and DeMOSS, and CLEMENT, Circuit
Judges.
PER CURIAM:1
IT IS ORDERED that Appellee’s unopposed motion to vacate the
sentence is GRANTED.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand the case to the Western District of Texas, Waco Division
for resentencing is GRANTED.
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IT IS FURTHER ORDERED that Appellee’s alternative request
for an extension of time to file the Appellee’s supplemental
brief 14 days from the denial of Appellee’s motion to vacate and
remand is DENIED AS MOOT.
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