United States of America v. Antonio Alvarez-Escarcega

* 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opinion should not be published and is not precedent except under the limited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. 04-51247
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ANTONIO ALVAREZ-ESCARCEGA
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-509-ALL
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the Appellee’s unopposed motion to vacate
the sentence is GRANTED.
IT IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand the case to the United States District Court for the
Western District of Texas, El Paso Division for resentencing is
GRANTED.
United States Court of Appeals
Fifth Circuit
F I L E D
April 15, 2005
Charles R. Fulbruge III
Clerk

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

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