U.S.
v.
Tostado-Nunez

United States Court of Appeals, Fifth CircuitJan 18, 2007
214 Fed. Appx. 416 (5th Cir. 2007)

No. 06-51061.

January 18, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Lucien B. Campbell, Donna F. Coltharp, Federal Public Defender's Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, El Paso.

Before SMITH, WIENER, and OWEN, Circuit Judges.


IT IS ORDERED that the Appellant's unopposed motion to vacate sentence of the district court is GRANTED.

IT IS FURTHER ORDERED that the Appellant's unopposed motion to remand case to district court for resentencing is GRANTED.

IT IS FURTHER ORDERED that the Appellant's unopposed motion to issue the mandate immediately upon entry of the Court's opinion is GRANTED.