United States v. Arthur Smith

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 27, 2012
• Docket: 10-15044
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-15044 JUNE 27, 2012 Non-Argument Calendar JOHN LEY ________________________ CLERK

D.C. Docket No. 1:09-cr-20673-DLG-23

UNITED STATES OF AMERICA,

llllllllllllllllllllllllllllllllllllllllPlaintiff - Appellee,

versus

ARTHUR SMITH, a.k.a. Co-Chief,

llllllllllllllllllllllllllllllllllllllllDefendant - Appellant.

________________________

Appeal from the United States District Court for the Southern District of Florida ________________________

Before TJOFLAT, CARNES, and FAY, Circuit Judges.

BY THE COURT:

Our previous opinion in this case, United States v. Smith, 654 F.3d 1263 (11th Cir. 2011), is VACATED, and the case is REMANDED to the district court

for further consideration in light of Dorsey v. United States, Nos. 11–5683,

11–5721, 2012 WL 2344463, 567 U.S. —, — S.Ct. — (June 21, 2012).