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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-50320
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
FERMIN MENDEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(03-CR-1961)
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Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.
PER CURIAM:
IT IS ORDERED that the unopposed motion filed by Appellee to
vacate sentence is GRANTED.
IT IS FURTHER ORDERED that the unopposed motion filed by
Appellee to remand case to the district court for resentencing is
GRANTED.
In granting the unopposed motion of the United States, this
court expresses no opinion on the government’s interpretation of
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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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 9, 2006
Charles R. Fulbruge III
Clerk
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United States v. Hamilton, No. 04-20616, 2006 WL 350066 (5th Cir.
February 16, 2006).
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