United States of America v. ROBERTO AGUIRRE-VILLA also known as, Jose Hernandez

United States Court of Appeals
Fifth Circuit
F I L E D
April 19, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51312
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ROBERTO AGUIRRE-VILLA also known as, Jose Hernandez
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-687)
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that appellee’s unopposed motion to vacate the
sentence is granted.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
remand case to the United States District Court for the Western
District of Texas, El Paso Division, for resentencing 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this opinion should not be published and is not precedent except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.

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IT IS FURTHER ORDERED that appellee’s unopposed motion to
extend time to file appellee’s brief until 14 days from the
Court’s denial of appellee’s motion to vacate and remand is moot.

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