United States of America v. Richard Keith Esser

United States Court of Appeals
Fifth Circuit
F I L E D
July 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51372
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RICHARD KEITH ESSER
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-386)
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Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that Appellee’s motion to vacate sentence is
granted.
IT IS FURTHER ORDERED that Appellee’s motion to remand case
to District Court for resentencing in light of the Supreme
Court’s recent opinion in Booker and this Court’s opinion in
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that this opinion should not be published and is not precedent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.

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IT IS FURTHER ORDERED that Appellee’s alternative motion to
extend time to file Appellee’s brief fourteen (14) days after the
denial of the Appellee’s motion to vacate and remand is denied as
unnecessary.

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