United States v. Garey

[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.