UNITED STATES v. VAZQUEZ MADRID (2019)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Aron VAZQUEZ-MADRID, also known as Aron Vasquez-Madrid, Defendant-Appellant
United States of America, Plaintiff-Appellee v. Aaron Gerardo Vasquez-Madrid, Defendant Appellant

No. 18-50843

Decided: March 07, 2019

Before OWEN, WILLETT, and OLDHAM, Circuit Judges:

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee Kristin L. Davidson, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant

IT IS ORDERED that appellees’ unopposed motion to dismiss appeal as moot is DENIED. The district court lacked jurisdiction to modify its sentence during the pendency of this appeal. See United States v. Lucero, No. 17-50709, 755 Fed.Appx. 384, 385–86, 2018 WL 6200326, at *1-2 (5th Cir. Nov. 27, 2018).

IT IS ORDERED that the district court’s original judgment entered on October 1, 2018 is VACATED. We treat the district court’s January 23, 2019, order as an indicative ruling and REMAND to the district court.

IT IS FURTHER ORDERED that appellee’s alternative motion to extend time to file brief of appellee for 30 days from the denial of the motion to dismiss is DENIED AS MOOT.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law