United States of America v. Jose Morales-Macias

* 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opinion should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-50781
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JOSE MORALES-MACIAS
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
2:04-CR-89-1-AML
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee’s unopposed motion to vacate
sentence is GRANTED.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to
remand to district court for resentencing is GRANTED.
IT IS FURTHER ORDERED that Appellee’s alternative request
for an extension of time to file the Appellee’s brief 14 days
from the denial of Appellee’s motion to vacate and remand
is DISMISSED as unnecessary.
United States Court of Appeals
Fifth Circuit
F I L E D
April 27, 2005
Charles R. Fulbruge III
Clerk

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