United States of America v. DAVID MONTES-MORALES also known as, Jose Abel Ramirez-Lopez

* 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opinion should not be published and is not precedent except under the limited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. 04-51178
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DAVID MONTES-MORALES also known as, Jose Abel Ramirez-Lopez
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-1447-ALL
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Before WIENER, BENAVIDES, and STEWART, 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 for re-sentencing in light of the Supreme Court opinion in
Booker and this Court’s opinion in Mares is GRANTED.
IT IS FURTHER ORDERED that appellee’s unopposed alternative
motion for an extension of fourteen (14) days from this court’s
denial of appellee’s motion to vacate and remand to file their
brief is DENIED as moot.
United States Court of Appeals
Fifth Circuit
F I L E D
April 26, 2005
Charles R. Fulbruge III
Clerk

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