Summary
noting that a dismissal under Rule 12(b) is reviewed for abuse of discretion
Summary of this case from Robinson v. Action Res., LLCOpinion
No. 06-50992.
January 11, 2007.
Appeal from the United States District Court for the Western District of Texas, Pecos.
Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.
IT IS ORDERED that the appellants 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 United States District Court for re-sentencing is GRANTED.
It IS FURTHER ORDERED that the appellant's unopposed motion to issue the mandate forthwith upon entry of the court's order is GRANTED.