[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 1, 2007
No. 06-14165-EE
THOMAS K. KAHN
CLERK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MITCHELL L. ANDERSON,
Defendant-Appellant.
Appeal from the United States District Court
for the Middle District of Georgia
Before BIRCH, DUBINA and BLACK, Circuit Judges.
ON PETITION FOR REHEARING AND SUGGESTION
OF REHEARING EN BANC
PER CURIAM:
There is presently pending in this cause a petition for rehearing and petition
for rehearing en banc. On April 10, 2007, the court directed the government to file
a response to the appellant’s combined motion for reconsideration, petition for
rehearing by panel, and petition for rehearing en banc. We further directed the
government to respond only to appellant’s argument that because the sentencing
guidelines range was based in part on victim loss (an upward adjustment of four
levels), the panel’s conclusion requires that appellant’s sentence be vacated as
well.
After reviewing the appellant’s combined motion for reconsideration,
petition for rehearing by panel, petition for rehearing en banc, the government’s
response thereto, and for good cause shown, we GRANT appellant’s petition for
rehearing and amend our opinion filed on February 7, 2007, to the extent that we
vacate the appellant’s sentence, remand this case for the district court to determine
the amount of loss and victim impact, and then resentence the appellant. In all
other respects, our opinion filed on February 7, 2007, shall remain in full force and
effect.
SO ORDERED.
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