USA v. Balderas, No. 05-11240 (5th Cir. 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 25, 2007.
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 15, 2008 No. 05-11240 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SERGIO BALDERAS, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:04-CR-205-2 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* This case returns to us on remand from the Supreme Court of the United States. The Supreme Court vacated our judgment and remanded the case for further consideration in light of Cuellar v. United States, 128 S. Ct. 1994 (2008). Balderas v. United States, 128 S. Ct. 2901 (2008). Accordingly, we remand the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 06-11240 case to the District Court for the Northern District of Texas for further proceedings not inconsistent with the opinion of the Supreme Court. VACATED and REMANDED. 2
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