USA vs. Tovar-Martinez, (5th Cir. 2005)
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
No. 04-51087 F I L E D
April 26, 2005
UNITED STATES OF AMERICA
Charles R. Fulbruge III
Clerk
Plaintiff - Appellee
v. LUIS ROBERTO TOVAR-MARTINEZ, also known as Francisco
Calderon-Juarez, also known as Emilio Gomez-Perez
Defendant - Appellant
No. 04-51088
UNITED STATES OF AMERICA
Plaintiff - Appellee
v. LUIS ROBERTO TOVAR-MARTINEZ, also known as Francisco
Calderon-Juarez
Defendant - Appellant
Appeals from the United States District Court
for the Western District of Texas
(04-CR-886)
(04-CR-1439)
Before WIENER, BENAVIDES, and STEWART, 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 the United States District Court for the Western District of Texas, El Paso Division for resentencing is granted.
IT IS FURTHER ORDERED that the Appellee's unopposed alternative 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 motion to 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*Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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