United States v. Arthur Smith

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).