United States v. Murrillo-Pena

* 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this opinion should not be published and is not precedent except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
April 4, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40760
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EVANGELINA MURRILLO-PENA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-820-ALL
--------------------
Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit
Judges.
PER CURIAM:*
Evangelina Murrillo-Pena has filed 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 motion is GRANTED, the conviction is
AFFIRMED, the sentence is VACATED, and the case is REMANDED.

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