United States v. Cruz-Pasillas

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT December 8, 2005 _____________________ Charles R. Fulbruge III No. 05-50371 Clerk _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. CESAR SANTA CRUZ-PASILLAS Defendant - Appellant

--------------------- Appeal from the United States District Court for the Western District of Texas, El Paso 3:04-CR-2363 --------------------- Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges. PER CURIAM:*

IT IS ORDERED that the Appellee’s unopposed motion to vacate

the sentence is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s unopposed motion

to remand the case to District Court for resentencing is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s alternative

unopposed motion to extend time to file the Appellee’s brief

until fourteen (14) days from the Court’s denial of the

Appellee’s 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.