United States v. Eric Orlando Reese

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 03-13117 March 14, 2005
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 02-00154 CR-2-N-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC ORLANDO REESE,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
_________________________
(March 14, 2005)
Before ANDERSON and BIRCH, Circuit Judges, and LAND*, District Judge.
PER CURIAM:
_________________
*Honorable Clay D. Land, United States District Judge for the Middle District of Georgia, sitting
by designation.
The original panel opinion in this case issued on September 2, 2004, and was
published in 382 F.3d 1308 (11th Cir. 2004). On January 24, 2005, the Supreme
Court granted certiorari, vacated the judgment of this court, and remanded to this
court for further consideration in light of Booker v. United States, 543 U.S. ___,
125 S.Ct. 738 (2005). Then on January 27, 2005, this panel issued an opinion
published in 397 F.3d 1337 (11th Cir. 2005), reaffirming our affirmance of the
judgment of the district court with respect to Reese’s conviction, but vacating his
sentence and remanding same to the district court for resentencing consistent with
the Supreme Court’s opinions in Booker.
In the event that further action of this court is necessary after receiving the
mandate of the Supreme Court granting certiorari, vacating the judgment of this
court, and remanding to this court for further consideration in light of Booker, we
now hereby reaffirm and reissue the opinion of this panel which originally issued
on January 27, 2005, and was published in 397 F.3d 1337 (11th Cir. 2005), thus
reaffirming our affirmance of the judgment of the district court with respect to
Reese’s conviction, but vacating the judgment of the district court with respect to
Reese’s sentence and remanding to the district court for resentencing consistent
with the Supreme Court opinions in Booker.
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
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