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1Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 23, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-50007
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
EMILIO BUSTOS-RIOS
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
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Before JONES, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:1
IT IS ORDERED that appellee’s unopposed motion to vacate
sentence is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand case to district court for re-sentencing is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed alternative
motion to extend time to file appellee’s brief fourteen (14) days
from the Court’s denial of appellee’s motion to vacate and remand
is MOOT.
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