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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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 20, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51127
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
SERGIO MORALES-SANDOVAL
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee’s unopposed motion to vacate
sentence is granted.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand case to district court for resentencing is granted.
IT IS FURTHER ORDERED that Appellee’s alternative motion to
extend time to file Appellee’s brief 14 days from the court’s
denial of Appellee’s motion to vacate and remand is moot.
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