United States of America v. Antonio Martinez-Jimenez

United States Court of Appeals
Fifth Circuit
F I L E D
April 26, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 04-50940
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ANTONIO MARTINEZ-JIMENEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-310)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:
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 case to the US District Court for the Western District
of Texas, El Paso Division for resentencing is granted.
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*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this opinion should not be published and is not precedent except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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IT IS FURTHER ORDERED that Appellee’s unopposed alternative
motion to extend time to file appellee's brief until 14 days from
the Court's denial of appellee's motion to vacate and remand
is denied as moot.

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