No. 04-50781.
United States Court of Appeals, Fifth Circuit.
Decided April 27, 2005.
Mara A, Blatt, Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
Donna F. Coltharp, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
IT IS ORDERED that Appellee’s unopposed motion to vacate sentence is GRANTED.
IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand to district court for resentencing is GRANTED.
IT IS FURTHER ORDERED that Appellee’s alternative request for an extension of time to file the Appellee’s brief 14 days from the denial of Appellee’s motion to vacate and remand is DISMISSED as unnecessary.
131 F. App'x 433
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