U.S. v. Smith
Decision Date | 24 April 1997 |
Docket Number | No. 95-8120,95-8120 |
Citation | 112 F.3d 473 |
Parties | 10 Fla. L. Weekly Fed. C 890 UNITED STATES of America, Plaintiff-Appellee, v. Harry Leon SMITH, III, Defendant-Appellant. |
Court | U.S. Court of Appeals — Eleventh Circuit |
Mildred Geckler, Federal Defender Program, Atlanta, GA, for Defendant-Appellant.
Richard M. Langway, Office of U.S. Attorney, Northern Dist. of GA, Atlanta, GA, for Plaintiff-Appellee.
Appeal from the United States District Court for the Northern District of Georgia (No. 1:94-CR-149); Richard C. Freeman, Judge.
(Opinion December 5, 1996, 11th Cir., 1996, 106 F.3d 350).
Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges. *
A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
* Senior U.S. Circuit Judge James C. Hill may participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
To continue reading
Request your trial-
U.S. v. Cruz Camacho, 96-6361
... ... Based on the record before us, we conclude that Defendant significantly understated the amount of drugs properly attributable to him. Accordingly, the district court committed no ... individuals in their scheme including: Mario Salado, Priscilla Gonzales, Jeff Manning, Nicky Jarnagin, Carie Bolin, Lillian Bean, William Smith, Allen Day, Jan Kennedy, Scott Morgan, Todd Furra, Al Hooper, Reford Alcorn, Kim Hurd, Jimmy Wise, Jesus Navidad, and Miguel Nava ... 2 Moreover, ... ...
-
U.S. v. Smith
...Smith, 106 F.3d 350 (11th Cir.1997) (as amended). This court then vacated that decision and ordered rehearing en banc. United States v. Smith, 112 F.3d 473 (11th Cir.1997). II. The determination of whether a defendant has adequately manifested acceptance of responsibility is a flexible, fac......
-
U.S. v. Best, 97-30172
...States v. Smith, 106 F.3d 350 (11th Cir.1996), is inappropriate as that decision was vacated by the Eleventh Circuit, United States v. Smith, 112 F.3d 473 (11th Cir.1997). ...