United States of America v. Juan Valles-Simental

* 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opinion should not be published and is not precedent except under the limited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. 04-50863
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JUAN VALLES-SIMENTAL
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
2:04-CR-218-1-AML
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that appellee’s unopposed motion to vacate
sentencing is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand to district court for resentencing in light of the Supreme
Court’s recent opinion in US v. Booker and this Court’s opinion
in US v. Mares is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
extend time to file appellee’s brief until 14 days from the
United States Court of Appeals
Fifth Circuit
F I L E D
April 5, 2005
Charles R. Fulbruge III
Clerk

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Court’s denial of appellee’s motion to vacate and remand is MOOT.

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