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U.S. v. SMITH

No. 03-15299.

416 F.3d 1350 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Winfred SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 18, 2005.

Attorney(s) appearing for the Case

Kathleen M. Williams, Fed. Pub. Def., Margaret Y. Foldes, Asst. Fed. Pub. Def., Miami, FL, Chantel T. Doakes, Asst. Fed. Pub. Def., Ft. Lauderdale, FL, for Smith.

Lisa A. Hirsch, Anne R. Schultz, Asst. U.S. Atty., Suzan H. Ponzoli, Miami, FL, for U.S.

Before HULL and MARCUS, Circuit Judges, and HANCOCK, Judge.

PER CURIAM:

This case is before this Court for the second time. We previously affirmed Smith's sentence in United States v. Smith, 385 F.3d 1342 (11th Cir.2004). On February 28, 2005, the Supreme Court granted certiorari, vacated our September 27, 2004 judgment, and remanded the case for reconsideration in light of United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

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