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Case Law - save on Lexis / WestLaw. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ m 98-20406 _______________ UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS ALFONSO CASTANO, Defendant-Appellant. _________________________ Appeal from the United States District Court for the Southern District of Texas _________________________ July 6, 2000 ON PETITION FOR REHEARING and the panel opinion, 211 F.3d 871 (5th Cir. 2000), is WITHDRAWN. The order denying the motion to vacate sentence is REVERSED, Before POLITZ, SMITH, and DENNIS, and the judgment of conviction and sentence is Circuit Judges. VACATED and REMANDED for re-entry of judgment and the opportunity to appeal that PER CURIAM: new judgment. See Mack v. Smith, 659 F.2d 23, 26 (5th Cir. Unit A Oct. 1981) (per In its petition for panel rehearing, the gov- curiam). ernment now confesses error and takes the po- sition that Castano is entitled to relief. Ac- We express no view on the legal propriety cordingly, on the basis of the government's re- of the government's concession or on what ac- quest, the petition for rehearing is GRANTED, tion this court should take once any appeal from the new judgment is filed. 2 |
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