Testo completo
1Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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
August 5, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51381
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
AGUSTIN ORTIZ-DE LA FUENTE
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, Del Rio
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:1
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 US v. Booker and this Court’s opinion
in US v. Mares is GRANTED.
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IT IS FURTHER ORDERED that appellee’s unopposed alternative
motion to extend time to file appellee’s brief 14 days from the
Court’s denial of appellee’s motion to vacate and remand is MOOT.
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