USA v. Curtis Darnell Johnson, No. 07-13497 (11th Cir. 2010)

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This opinion or order relates to an opinion or order originally issued on May 30, 2008.

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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT APR 28, 2010 JOHN LEY CLERK No. 07-13497 ________________________ D. C. Docket No. 06-00327-CR-J-33-HTS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CURTIS DARNELL JOHNSON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (April 28, 2010) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before CARNES and MARCUS, Circuit Judges, and DUBOSE,* District Judge. * Honorable Kristi K. DuBose, United States District Judge for the Southern District of Alabama, sitting by designation. PER CURIAM: This case comes to us on remand from the Supreme Court of the United States, see Johnson v. United States, U.S. , 130 S.Ct. 1265 (2010), reversing our decision in Johnson v. United States, 528 F.3d 1318 (11th Cir. 2008). We REVERSE the district court s judgment and REMAND the case to the district court for further proceedings consistent with the Supreme Court s decision. REVERSED and REMANDED. 2

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