No. 04-14111 Non-Argument Calendar.

407 F.3d 1267 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Noel McWilliams CUSTER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 13, 2005.

Attorney(s) appearing for the Case

Kristen Gartman Rogers, K. Lyn Hillman, Carlos Alfredo Williams, Fed. Pub. Defenders, Mobile, AL, for Defendant-Appellant.

Leigh Lichty Pipkin, Mobile, AL, for Plaintiff-Appellee.

Before TJOFLAT, DUBINA and MARCUS, Circuit Judges.


MARCUS, Circuit Judge:

The panel's opinion in this case issued on January 10, 2005. The mandate was withheld pursuant to a request by an active judge. Appellant now moves for panel rehearing based on the Supreme Court's intervening decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) which issued two days after our opinion in the instant appeal. Based on our conclusion that Custer timely raised...

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