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1Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51456
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JOSE CARMEN LUGO-REGALADO
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 DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:1
IT IS ORDERED that the unopposed motion of appellee to
vacate the sentence is GRANTED.
IT IS FURTHER ORDERED that the unopposed motion of appellee
to remand case to the district court for resentencing is GRANTED.
IT IS FURTHER ORDERED that the unopposed motion of appellee
for a 14 day extension of time to file appellee’s brief is DENIED
AS UNNECESSARY.
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