United States of America v. Hoover Eliver Capacho-Pinto

United States Court of Appeals
Fifth Circuit
F I L E D
August 15, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51321
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
HOOVER ELIVER CAPACHO-PINTO
Defendant - Appellant
---------------------
Appeal from the United States District Court
for the Western District of Texas
(04-CR-360)
---------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that appellee’s unopposed motion to vacate
sentence is granted.
IT IS ORDERED that appellee’s unopposed motion to remand
case to the district court for resentencing in light of the U.S.
Supreme Court’s recent opinion in US v. Booker and this Court’s
opinion in US v. Mares is granted.
________________
* 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opinion should not be published and is not precedent except under the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.

-- 1 of 2 --

IT IS ORDERED that appellee’s unopposed alternative motion
to extend time to file appellee’s brief 14 days from the Court’s
denial of appellee’s motion to vacate and remand is denied as
moot.

-- 2 of 2 --