USA v. Richard Hinds, No. 05-11166 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT JANUARY 31, 2006 THOMAS K. KAHN CLERK No. 05-11166 Non-Argument Calendar ________________________ D. C. Docket No. 04-60072-CR-KAM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICHARD HINDS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (January 31, 2006) Before ANDERSON, DUBINA and HULL, Circuit Judges. PER CURIAM: In this direct appeal, Hinds challenges only his sentence. In light of the Eleventh Circuit s recent decision, United States v. Garcia, 405 F.3d 1260 (11 th Cir. 2005), which was handed down after the decision of the district court, we vacate and remand Hinds sentence for the purpose of determining Garcia s relevance, if any, to the instant case. We express no opinion on the merits of the issues in the case. The judgment of conviction is AFFIRMED, but the sentence is VACATED and REMANDED. 2

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