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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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-10043
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
OSCAR UVALLE-DEL RIO
Defendant - Appellant
---------------------
Appeal from the United States District Court for the
Northern District of Texas, Dallas
3:04-CR-284-ALL-K
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the parties’ motion to vacate the
sentence is GRANTED.
IT IS FURTHER ORDERED that the parties’ motion to remand the
case for re-sentencing is GRANTED.
IT IS FURTHER ORDERED that the parties’ motion to extend the
time to file appellant’s brief is DENIED as unnecessary.
United States Court of Appeals
Fifth Circuit
F I L E D
June 7, 2005
Charles R. Fulbruge III
Clerk
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