United States v. De La Garza-Garcia ( 2005 )

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED July 13, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III No. 04-11336 Clerk _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. ANTONIO DE LA GARZA-GARCIA Defendant - Appellant --------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:04-CR-43-3-N --------------------- Before DAVIS, SMITH, and DENNIS, 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 District Court for resentencing is GRANTED. * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.