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*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this opinion should not be published and is not precedent except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
January 18, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 06-51061
_____________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
ISMAEL TOSTADO-NUNEZ,
Defendant - Appellant.
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Appeal from the United States District Court
for the Western District of Texas, El Paso
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the Appellant’s unopposed motion to vacate
sentence of the district court is GRANTED.
IT IS FURTHER ORDERED that the Appellant’s unopposed motion to
remand case to district court for re-sentencing is GRANTED.
IT IS FURTHER ORDERED that the Appellant’s unopposed motion to
issue the mandate immediately upon entry of the Court’s opinion is
GRANTED.
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