United States of America, Plaintiff-appellee, v. Alfonso Castano, Defendant-appellant, 217 F.3d 889 (5th Cir. 2000)

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U.S. Court of Appeals for the Fifth Circuit - 217 F.3d 889 (5th Cir. 2000)

July 6, 2000

Appeal from the United States District Court for the Southern District of Texas


Before POLITZ, SMITH, and DENNIS, Circuit Judges.


In its petition for panel rehearing, the government now confesses error and takes the position that Castano is entitled to relief. Accordingly, on the basis of the government's request, the petition for rehearing is GRANTED, and the panel opinion, 211 F.3d 871 (5th Cir. 2000), is WITHDRAWN. The order denying the motion to vacate sentence is REVERSED, and the judgment of conviction and sentence is VACATED and REMANDED for re-entry of judgment and the opportunity to appeal that new judgment. See Mack v. Smith, 659 F.2d 23, 26 (5th Cir. Unit A Oct. 1981) (per curiam).

We express no view on the legal propriety of the government's concession or onwhat action this court should take once any appeal from the new judgment is filed.