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06-40655•United States v. Morales-Rodriguez
06-40655Court of Appeals for the Fifth CircuitMar 29, 2007
* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 29, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40655
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO MORALES-RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-2571-ALL
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Arturo Morales-Rodriguez has filed an unopposed motion to
expedite this appeal and an unopposed motion to summarily affirm
the conviction and summarily vacate the sentence and remand for
resentencing in light of Lopez v. Gonzales, 127 S. Ct. 625
(2005), and United States v. Estrada-Mendoza, 475 F.3d 258 (5th
Cir. 2007). The motions are GRANTED, the conviction is AFFIRMED,
the sentence is VACATED, and the case is REMANDED.
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