United States of America v. Michael James Brucker

United States Court of Appeals
Fifth Circuit
F I L E D
April 21, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51325
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UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MICHAEL JAMES BRUCKER
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(04-CR-1100)
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Before JONES, BARKSDALE, and PRADO, 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 to district court for resentencing in light of the Supreme
Court’s recent opinion in U.S. v. Booker and this Court’s opinion
in U.S. v. Mares is granted.
IT IS FURTHER ORDERED that appellee’s unopposed motion to
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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that this opinion should not be published and is not precedent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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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
moot.

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