United States of America v. Eduardo Madrid-Manriquez

United States Court of Appeals
Fifth Circuit
F I L E D
May 31, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-50145
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
EDUARDO MADRID-MANRIQUEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-2001)
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that appellee’s unopposed motion to vacate the
sentence is granted.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand the case to district court for resentencing in light of
the Supreme Court’s recent opinion in Booker and this Court’s
opinion in Mares is granted.
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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that this opinion should not be published and is not precedent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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IT IS FURTHER ORDERED that appellee’s unopposed motion in
the alternative to extend time to file appellee’s brief until 14
days from the Court’s denial of appellee’s motion to vacate and
remand is denied as unnecessary.

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