Ezell Gilbert v. USA, No. 09-12513 (11th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 21, 2010.
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________ No. 09-12513 _____________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 1, 2010 JOHN LEY CLERK D.C. Docket No. 99-02054-CT-30-TGW EZELL GILBERT, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. ____________ Appeal from the United States District Court for the Middle District of Florida ____________ (July 1, 2010) Before DUBINA, Chief Judge, MARTIN, and HILL, Circuit Judges. BY THE COURT: Presently before the court are: 1. Motion by Defendant/Appellant Gilbert for Release Pending Appeal/Remand; 2. United States Response to Gilbert s Motion for Release Pending Appeal/Remand; 3. United States Unopposed Motion for Immediate Stay of the Mandate Pending Final Disposition of Possible Petition for Rehearing En Banc; and, 4. Appellant Gilbert s Response to the Government s Motion to Stay the Mandate. We deal with these motions and responses as follows: 1. Defendant/Appellant Gilbert s Motion for Release Pending Appeal/Remand is GRANTED. The motion and this order are remanded to the district court for the district court, expeditiously, to impose conditions, if any, upon Gilbert s release. 2. Inasmuch as a judge of this Court has caused the mandate to be held, the Government s motion for immediate stay of the mandate is DENIED, AS MOOT. 2
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