United States of America v. SERGIO VIVAR-ACOSTA also known as, Sergio Vivar

United States Court of Appeals
Fifth Circuit
F I L E D
June 29, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 05-50116
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
SERGIO VIVAR-ACOSTA also known as, Sergio Vivar
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(03-CR-1893)
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Before HIGGINBOTHAM, JONES, and PRADO, 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 the case to District Court for resentencing in light of
the Supreme Court’s opinion in Booker and this Court’s opinion in
Mares is granted.
IT IS FURTHER ORDERED that the Appellee’s unopposed
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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that this opinion should not be published and is not precedent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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alternative motion to extend time to file the Appellee’s brief
fourteen (14) days from the Court’s denial of the Appellee’s
motion to vacate and remand is denied.

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