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United States v. Leon-Garcia

Citation: 240 F. App'x 612Docket: No. 06-51365

Court: Court of Appeals for the Fifth Circuit; January 4, 2007; Federal Appellate Court

Narrative Opinion Summary

The court has granted the appellant's unopposed motions to vacate the sentence and to remand the case to the district court for resentencing, referencing the precedent set by *Lopez v. Gonzales*, 127 S.Ct. 625 (2006). Additionally, the court has approved the immediate issuance of the mandate upon the entry of this opinion. The opinion is not to be published and will not serve as precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.

Legal Issues Addressed

Issuance of Mandate

Application: The court approved the immediate issuance of the mandate following the entry of the opinion, indicating procedural finality.

Reasoning: Additionally, the court has approved the immediate issuance of the mandate upon the entry of this opinion.

Publication and Precedential Value of Judicial Opinions

Application: The opinion is declared non-precedential, except under specified conditions, as per the court's rules.

Reasoning: The opinion is not to be published and will not serve as precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.

Vacating a Sentence and Remanding for Resentencing

Application: The court granted the appellant's motions to vacate the sentence and remand for resentencing, influenced by the legal precedent established in a prior case.

Reasoning: The court has granted the appellant's unopposed motions to vacate the sentence and to remand the case to the district court for resentencing, referencing the precedent set by *Lopez v. Gonzales*, 127 S.Ct. 625 (2006).