United States of America v. Homero Bautista-Faustino

United States Court of Appeals
Fifth Circuit
F I L E D
April 8, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-50998
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
HOMERO BAUTISTA-FAUSTINO
Defendant - Appellant
---------------------
Appeal from the United States District Court
for the Western District of Texas
(04-CR-149)
---------------------
Before DAVIS, SMITH, and DENNIS, 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, Austin Division for resentencing is
granted.
________________
*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this opinion should not be published and is not precedent except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.

-- 1 of 2 --

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 motion to remand is denied as
unnecessary.

-- 2 of 2 --