USA v. Jose Zavala, No. 13-51200 (5th Cir. 2016)

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This opinion or order relates to an opinion or order originally issued on June 25, 2015.

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Case: 13-51200 Document: 00513562955 Page: 1 Date Filed: 06/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-51200 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 23, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ZAVALA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:13-CR-164-14 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * This case returns to us on remand from the Supreme Court, No. 15-5980, Jose Zavala v. United States. The Supreme Court reversed our affirmance of the district court’s sentence of Zavala and remanded this case to us for further proceedings consistent with the Court’s opinion. Accordingly, we VACATE the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-51200 Document: 00513562955 Page: 2 Date Filed: 06/23/2016 No. 13-51200 district court’s sentence of Zavala and REMAND this case to the District Court for the Western District of Texas for resentencing consistent with the opinion of the Supreme Court. 2