United States of America v. Jesus Manuel Aguirre-Morales

*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-51336
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JESUS MANUEL AGUIRRE-MORALES
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1167)
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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
United States Court of Appeals
Fifth Circuit
F I L E D
May 17, 2005
Charles R. Fulbruge III
Clerk

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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.

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