United States of America v. Luis Roberto Tovar-Martinez, also known as Francisco Calderon-Juarez, also known as…

United States Court of Appeals
Fifth Circuit
F I L E D
April 26, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51087
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
LUIS ROBERTO TOVAR-MARTINEZ, also known as Francisco
Calderon-Juarez, also known as Emilio Gomez-Perez
Defendant - Appellant
_____________________
No. 04-51088
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
LUIS ROBERTO TOVAR-MARTINEZ, also known as Francisco
Calderon-Juarez
Defendant - Appellant
---------------------
Appeals from the United States District Court
for the Western District of Texas
(04-CR-886)
(04-CR-1439)
---------------------
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
_______________
*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this opinion should not be published and is not precedent except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 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, El Paso Division for resentencing is
granted.
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
moot.

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