U.S. v. HEMBREE

No. 03-16001.

381 F.3d 1109 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Wade HEMBREE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 23, 2004.


Attorney(s) appearing for the Case

John Stewart Mills, Mills & Carlin, P.A., William Mallory Kent, Law Office of William Mallory Kent, Jacksonville, FL, for Defendant-Appellant.

Nancy J. Hess, Randall J. Hensel, U.S. Atty., Pensacola, FL, E. Bryan Wilson, Tallahassee, FL, for Plaintiff-Appellee.

Before DUBINA, BLACK and PRYOR, Circuit Judges.


BY THE COURT:

On July 23, 2004, this court denied Appellant's motion for leave to file a supplemental brief pursuant to Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Appellant now files a motion seeking to either file a substitute principal brief, or seeks this court's reconsideration of its July 23, 2004, Order. Appellant is attempting to do indirectly what he cannot do directly — raise a Blakely issue when it was...

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