United States of America v. Hermilo Sandoval

United States Court of Appeals
Fifth Circuit
F I L E D
May 3, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51307
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
HERMILO SANDOVAL
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
(00-CR-1405)
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Before GARZA, DeMOSS, and CLEMENT, 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 District Court for resentencing in light of
the Supreme Court’s opinion in Booker and this Court’s opinion in
Mares 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this opinion should not be published and is not precedent except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.

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IT IS FURTHER ORDERED that the Appellee’s unopposed
alternative motion to extend time to file the Appellee’s brief
fourteen (14) days from the Court’s denial of the Appellee’s
motion to vacate and remand is denied as unnecessary.

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