United States v. Valenzuela-Avitia , 132 F. App'x 563 ( 2005 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   June 2, 2005
    Charles R. Fulbruge III
    Clerk
    No. 04-51134
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    RODOLFO VALENZUELA-AVITIA,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:04-CR-1089-ALL-FM
    --------------------
    Before DAVIS, SMITH and DENNIS, Circuit Judges.
    PER CURIAM:*
    Rodolfo Valenzuela-Avitia was convicted following pleading
    guilty to one count of illegal reentry, in violation of 
    8 U.S.C. § 1326
    .   Valenzuela-Avitia has filed an unopposed motion to
    remand his case for re-sentencing, stating that both “parties
    agree that re-sentencing is appropriate and just” in light of the
    Supreme Court’s opinion in United States v. Booker, 
    125 S. Ct. 738
     (2005).
    Valenzuela-Avitia’s unopposed motion to remand for re-
    sentencing in Booker is GRANTED, and the Government’s previously
    *
    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    this opinion should not be published and is not precedent except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. 04-51134
    -2-
    filed motion for summary affirmance is DENIED.   The Government’s
    request for an extension of time in which to file its brief is
    DENIED AS MOOT.   We VACATE the district court’s sentence and
    REMAND for re-sentencing in accordance with Booker.
    MOTION TO REMAND GRANTED; SUMMARY AFFIRMANCE DENIED; MOTION
    TO EXTEND TIME FOR FILING BRIEF DENIED AS MOOT; VACATED AND
    REMANDED FOR RE-SENTENCING.
    

Document Info

Docket Number: 04-51134

Citation Numbers: 132 F. App'x 563

Judges: Davis, Dennis, Per Curiam, Smith

Filed Date: 6/2/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023