USA v. Garcia-Rodriguez, No. 05-50646 (5th Cir. 2006)
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United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 05-50646 _____________________ FILED January 12, 2006 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. DANIEL GARCIA-RODRIGUEZ also known as, Edgar H Arreola-Vargas Defendant - Appellant --------------------Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-2560 --------------------Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges PER CURIAM:* IT IS ORDERED that the Appellee s unopposed motion to vacate sentence is GRANTED. IT IS FURTHER ORDERED that the Appellee s unopposed motion to remand to district court for the purposes of resentencing is GRANTED. IT IS FURTHER ORDERED that the Appellee s alternative motion to extend the time fourteen (14) days from the disposition of the motion to vacate is DENIED as moot. * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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