United States of America v. AUDOMAR GARCIA-GUERRERO also known as, Jose Esquivel

*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-51389
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
AUDOMAR GARCIA-GUERRERO also known as, Jose Esquivel
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 the Appellee’s unopposed motion to vacate
the sentence is GRANTED.
IT IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand to District Court for resentencing in light of the
Supreme Court’s opinion in Booker and this Court’s opinion in

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Mares is GRANTED.
IT IS FURTHER ORDERED that the Appellee’s unopposed
alternative motion 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 MOOT.

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