United States v. Balderas ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 15, 2008
No. 05-11240 Charles R. Fulbruge III
Conference Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SERGIO BALDERAS,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CR-205-2
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
This case returns to us on remand from the Supreme Court of the United
States. The Supreme Court vacated our judgment and remanded the case for
further consideration in light of Cuellar v. United States, 128 S. Ct. 1994 (2008).
Balderas v. United States, 128 S. Ct. 2901 (2008). Accordingly, we remand 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
No. 06-11240
case to the District Court for the Northern District of Texas for further
proceedings not inconsistent with the opinion of the Supreme Court.
VACATED and REMANDED.
2