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U.S. v. SMITH

No. 03-13639.

459 F.3d 1276 (2006)

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

United States Court of Appeals, Eleventh Circuit.

August 11, 2006.

Attorney(s) appearing for the Case

Michael G. Nichola (Court-Appointed), Orlando, FL, for Defendant-Appellant.

Karin B. Hoppmann, Tamra Phipps, Tampa, FL, for Plaintiff-Appellee.

Before TJOFLAT, RONEY and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

This case is before us on remand from the Supreme Court with instructions to reconsider our panel decision, 402 F.3d 1303 (11th Cir.2005) (Smith I), in light of Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005). United States v. Smith, ___ U.S. ___, 125 S.Ct. 2938, 162 L.Ed.2d 863 (2005) (mem.). Upon reconsideration, we have determined that...

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