U.S. v. SMITH

No. 09-13307 Non-Argument Calendar.

638 F.3d 1351 (2011)

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

United States Court of Appeals, Eleventh Circuit.

April 21, 2011.


Attorney(s) appearing for the Case

Rosemary T. Cakmis , Donna Lee Elm , James W. Smith, III , George Allen Couture , Fed. Public Defenders, Orlando, FL, for Defendant-Appellant.

Susan Hollis Rothstein-Youakim , U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee.

Before CARNES, BARKETT and MARCUS, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

Luther Wayne Smith appealed his 100-month sentence, imposed after re-sentencing, for possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). This Court affirmed Smith's sentence based on prior precedent. United States v. Smith, 370 Fed.Appx. 59 (11th Cir.2010). However, the Supreme Court granted Smith's petition for writ of certiorari, vacated the judgment...

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