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UNITED STATES v. ELDICK

No. 03-16158.

393 F.3d 1354 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Mahmoud ELDICK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 20, 2004.

Attorney(s) appearing for the Case

Fred Haddad, Haddad & Hester, P.A., Fort Lauderdale, FL, for Defendant-Appellant.

Terry Flynn, E. Bryan Wilson, Tallahassee, FL, for Plaintiff-Appellee.

Before BIRCH, KRAVITCH and CUDAHY, Circuit Judges.

PER CURIAM:

Based upon the concessions and agreement of counsel at oral argument and in their briefs, we VACATE Eldick's sentence and REMAND for re-sentencing. See 21 U.S.C. § 841(b)(1)(D);1 United States v. Yost, 185 F.3d 1178, 1181 (11th Cir.1999), cert. denied, 529 U.S. 1108, 120 S.Ct. 1960, 146 L.Ed.2d 792 (2000) ("... we have held that when we vacate a sentence and remand...

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