USA v. Flores-Huerta, No. 05-41328 (5th Cir. 2007)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 21, 2006.
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United States Court of Appeals Fifth Circuit F I L E D In The United States Court Of Appeals For The Fifth Circuit March 21, 2007 Charles R. Fulbruge III Clerk No. 05-41328 Conference Calendar UNITED STATES OF AMERICA, Plaintiff Appellee, v. LEONEL FLORES-HUERTA, Defendant Appellant. Appeal from the United States District Court For the Southern District of Texas No. 5:05-CR-399 Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* On December 11, 2006, the Supreme Court vacated our judgment in this case and remanded the case to this court for further consideration in light of Lopez v. Gonzales, 549 U.S. ___ (2006). Upon reconsideration, we AFFIRM the defendant s conviction, but we VACATE the defendant s sentence and REMAND for resentencing in light of Lopez. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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