[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________ FILED
U.S. COURT OF APPEALS
No. 09-12513 ELEVENTH CIRCUIT
JULY 1, 2010
_____________
JOHN LEY
CLERK
D.C. Docket No. 99-02054-CT-30-TGW
EZELL GILBERT,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________
Appeal from the United States District Court
for the Middle District of Florida
____________
(July 1, 2010)
Before DUBINA, Chief Judge, MARTIN, and HILL, Circuit Judges.
BY THE COURT:
Presently before the court are:
1. Motion by Defendant/Appellant Gilbert for Release Pending
Appeal/Remand;
2. United States’ Response to Gilbert’s Motion for Release Pending
Appeal/Remand;
3. United States’ Unopposed Motion for Immediate Stay of the Mandate
Pending Final Disposition of Possible Petition for Rehearing En Banc; and,
4. Appellant Gilbert’s Response to the Government’s Motion to Stay the
Mandate.
We deal with these motions and responses as follows:
1. Defendant/Appellant Gilbert’s Motion for Release Pending
Appeal/Remand is GRANTED. The motion and this order are remanded to the
district court for the district court, expeditiously, to impose conditions, if any,
upon Gilbert’s release.
2. Inasmuch as a judge of this Court has caused the mandate to be held,
the Government’s motion for immediate stay of the mandate is DENIED, AS
MOOT.
2