United States of America v. CHARLES PHELPS, JR also known as, Dave Smith also known as, Mr D

* 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opinion should not be published and is not precedent except under the limited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. 04-51060
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
CHARLES PHELPS, JR also known as, Dave Smith also known as,
Mr D
Defendant - Appellant
---------------------
Appeal from the United States District Court for the
Western District of Texas, Waco
6:03-CR-197-6
---------------------
Before GARZA, DeMOSS, and CLEMENT, 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 the case to the Western District of Texas, Waco
Division for resentencing is GRANTED.
IT IS FURTHER ORDERED that Appellee’s alternative request
for an extension of time to file the Appellee’s brief 14 days
from the denial of Appellee’s motion to vacate and remand is
MOOT.
United States Court of Appeals
Fifth Circuit
F I L E D
April 29, 2005
Charles R. Fulbruge III
Clerk

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