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04-51348•United States of America v. CARLOS MORALES-JIMENEZ also known as, Rigoberto Morales
04-51348Court of Appeals for the Fifth CircuitMay 20, 2005
*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-51348
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
CARLOS MORALES-JIMENEZ also known as, Rigoberto Morales
Defendant - Appellant
---------------------
Appeal from the United States District Court for the
Western District of Texas, El Paso
---------------------
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the Appellee’s unopposed motion to
vacate the sentence is GRANTED.
IT IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand the case to the United States District Court for the
Western District of Texas, El Paso Division for resentencing is
GRANTED.
IT IS FURTHER ORDERED that the Appellee’s alternative motion
-- 1 of 2 --
to extend time to file the Appellee’s brief until fourteen (14)
days from the Court’s denial of the Appellee’s motion to vacate
and remand is DENIED AS MOOT.
-- 2 of 2 --
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