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United States v. Garey

Court: Court of Appeals for the Eleventh Circuit
Date filed: 2008-09-30
Citations: 540 F.3d 1253
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                                                                          [PUBLISH]

                IN THE UNITED STATES COURT OF APPEALS

                         FOR THE ELEVENTH CIRCUIT                      FILED
                                                              U.S. COURT OF APPEALS
                                                                ELEVENTH CIRCUIT
                                                               September 30, 2008
                                     No. 05-14631
                                                                  THOMAS K. KAHN
                                                                      CLERK

                        D.C. Docket No. 03-00083-CR-CDL-5

UNITED STATES OF AMERICA,
                                                                   Plaintiff-Appellee,
                                         versus

EDDIE MILTON GAREY, JR.,
a.k.a. Miles Garey,
a.k.a. Milton Garey,
a.k.a. Eddie Garey,
                                                                Defendant-Appellant.
                                --------------------------
                   On Appeal from the United States District Court
                         for the Middle District of Georgia
                                --------------------------
                               (September 30, 2008)

BEFORE: EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH,
DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and
PRYOR, Judges.

BY THE COURT:

         The en banc Court having issued its opinion in this appeal, addressing the

issue of Appellant's waiver of counsel, Appellant's sentencing issues are remanded

back to the panel for resolution.

         The mandate shall not issue until the sentencing issues are resolved by the

panel.