United States of America v. Cesar Santa Cruz-Pasillas

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-50371
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
CESAR SANTA CRUZ-PASILLAS
Defendant - Appellant
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Appeal from the United States District Court for the
Western District of Texas, El Paso
3:04-CR-2363
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Before HIGGINBOTHAM, BENAVIDES 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 District Court for resentencing is GRANTED.
IT IS FURTHER ORDERED that the Appellee’s alternative
unopposed 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 remand is DENIED as moot.
United States Court of Appeals
Fifth Circuit
F I L E D
December 8, 2005
Charles R. Fulbruge III
Clerk

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