United States of America v. Agustin Valdez-Rodriguez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 05-51018
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
AGUSTIN VALDEZ-RODRIGUEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1235)
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Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM*:
IT IS ORDERED that appellee’s unopposed motion to vacate
sentence is granted.
IT IS FURTHER ORDERED that appellee’s unopposed motion
to remand case to the district court for resentencing is granted.
IT IS FURTHER ORDERED that appellee’s unopposed alternative
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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this opinion should not be published and is not precedent except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
March 27, 2006
Charles R. Fulbruge III
Clerk

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motion to extend time to file appellee’s brief until 14 days
after denial of motion to vacate and remand is denied as moot.

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