USA v. Herrera-Duay, No. 06-50916 (5th Cir. 2006)
Annotate this Case
Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 06-50916 _____________________ December 27, 2006 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. JOSE MANUEL HERRERA-DUAY also known as, Jose Manuel Herrero also known as, Jose Manuel Herrera also known as, Jose Herrero Defendant - Appellant --------------------Appeal from the United States District Court for the Western District of Texas, El Paso (05-CR-2610) --------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* IT IS ORDERED that Appellee s unopposed motion to vacate sentence of district court is GRANTED. IT IS FURTHER ORDERED that Appellee s unopposed motion to remand to district court for resentencing 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. IT IS FURTHER ORDERED that Appellee s unopposed alternative motion for extension time to file Appellee s brief thirty (30) days from Court s denial remand is DENIED as moot. of Appellee s motion to vacate and
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
