United States v. Castano

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 98-20406
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
ALFONSO CASTANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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July 6, 2000
ON PETITION FOR REHEARING
Before POLITZ, SMITH, and DENNIS,
Circuit Judges.
PER CURIAM:
In its petition for panel rehearing, the gov-
ernment now confesses error and takes the po-
sition that Castano is entitled to relief. Ac-
cordingly, on the basis of the government’s re-
quest, the petition for rehearing is GRANTED,
and the panel opinion, 211 F.3d 871 (5th Cir.
2000), is WITHDRAWN. The order denying
the motion to vacate sentence is REVERSED,
and the judgment of conviction and sentence is
VACATED and REMANDED for re-entry of
judgment and the opportunity to appeal that
new judgment. See Mack v. Smith, 659 F.2d
23, 26 (5th Cir. Unit A Oct. 1981) (per
curiam).
We express no view on the legal propriety
of the government’s concession or on what ac-
tion this court should take once any appeal

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from the new judgment is filed.

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