United States v. Ramirez-Ortiz ( 2007 )

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D FOR THE FIFTH CIRCUIT January 18, 2007 _____________________ No. 06-50938 Charles R. Fulbruge III _____________________ Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. JOSE JUAN RAMIREZ-ORTIZ Defendant - Appellant --------------------- Appeal from the United States District Court for the Western District of Texas, El Paso --------------------- Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* IT IS ORDERED that Appellee’s unopposed motion to vacate sentence of the District Court is GRANTED. IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand case to district court for resentencing is GRANTED. IT IS FURTHER ORDERED that Appellee’s unopposed motion to extend time to file Appellee’s brief 30 days from the Court’s * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. denial of Appellee’s motion to vacate sentence and to remand case is DENIED AS UNNECESSARY.