United States of America v. Michael Wayne Roberts

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51433
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MICHAEL WAYNE ROBERTS
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-57)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:
IT IS ORDERED that appellee’s unopposed motion to vacate
sentencing is granted.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand to district court for re-sentencing in light of the
Supreme Court’s opinion in Booker and this Court’s opinion in
Mares is granted.
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* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 8, 2005
Charles R. Fulbruge III
Clerk

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IT IS FURTHER ORDERED that appellee’s unopposed 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
unnecessary.

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