Opinion
No. 09-41115.
January 28, 2010.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas (09-CR-31).
Before GARZA, CLEMENT, and OWEN, Circuit Judges.
IT IS ORDERED that appellant's unopposed motion to vacate the judgment of the district court is GRANTED.
IT IS FURTHER ORDERED that appellant's unopposed motion to remand the case to the district court for reconsideration of the sentence, in light of USA v. Jeffries, is GRANTED.
IT IS FURTHER ORDERED that appellant's unopposed motion to expedite the ruling on motion to vacate, etc., is MOOT.
IT IS FURTHER ORDERED that appellant's unopposed motion to issue the mandate forthwith is GRANTED.