United States of America v. Horacio Garcia Guzman

* 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opinion should not be published and is not precedent except under the limited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. 04-50956
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
HORACIO GARCIA GUZMAN
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-398-ALL-FM
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Before WIENER, BENAVIDES, and STEWART, 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 case to the United States District Court for the Western
District of Texas, El Paso Division, for resentencing is GRANTED.
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 moot.
United States Court of Appeals
Fifth Circuit
F I L E D
April 26, 2005
Charles R. Fulbruge III
Clerk

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