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United States Court of Appeals
Fifth Circuit
F I L E D
May 9, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-41593
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
TIMOTHY RINEHART
Defendant - Appellant
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Appeal from the United States District Court
for the Eastern District of Texas
(04-CR-82)
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Before HIGGINBOTHAM, BENNAVIDES and DENNIS, Circuit Judges.
PER CURIAM:
IT IS ORDERED that the appellee’s motion to vacate the
district court judgment and remand the case is granted for
sentencing anew. Defendant shall be given the opportunity to
withdraw his plea.
IT IS FURTHER ORDERED that the appellee’s alternative motion
for extension of time to file appellee’s brief until 20 days
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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that this opinion should not be published and is not precedent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.
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from denial of motion to vacate and remand is denied as
unnecessary.
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