USA v. Martinez-Lopez, No. 05-50964 (5th Cir. 2006)
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United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ April 7, 2006 Charles R. Fulbruge III Clerk No. 05-50964 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. ARMANDO MARTINEZ-LOPEZ Defendant - Appellant --------------------Appeal from the United States District Court for the Western District of Texas, Del Rio 2:05-CR-72 --------------------Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* IT IS ORDERED that appellee s unopposed motion to vacate sentence is GRANTED. IT IS FURTHER ORDERED that appellee s unopposed motion to remand case to the district court for resentencing is GRANTED. IT IS FURTHER ORDERED that appellee s unopposed alternative motion to extend time to file appellee s brief until 14 days after denial of motion to vacate and remand 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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