USA v. Sila Luis, No. 13-13719 (11th Cir. 2016)

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Case: 13-13719 Date Filed: 06/16/2016 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-13719 ________________________ D.C. Docket No. 1:12-cv-23588-PCH UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SILA LUIS, Defendant - Appellant, ELSA RUIZ, et al., Defendants. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 16, 2016) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before MARTIN, DUBINA and SENTELLE, * Circuit Judges. * Honorable David Bryan Sentelle, United States Circuit Judge for the District of Columbia Circuit sitting by designation. Case: 13-13719 Date Filed: 06/16/2016 Page: 2 of 2 PER CURIAM: This case returns to us on remand from the Supreme Court of the United States. Luis v. United States, 578 U.S. at ___, 136 S. Ct. 1083 (2016). In our earlier opinion, we affirmed the district court’s finding that there was no Sixth Amendment right to use untainted, substitute assets to hire counsel. See Luis v. United States, 564 F. App’x 493, 494 (2014) (per curiam). The Supreme Court granted a petition for writ of certiorari and vacated our judgment, holding that a defendant “has a Sixth Amendment right to use her own ‘innocent’ property to pay a reasonable fee for the assistance of counsel.” Luis, 578 U.S. at ___, 136 S. Ct. at 1096 (2016) (plurality opinion). Accordingly, based on the judgment of the Supreme Court, we now vacate the district court’s order granting the government’s motion for a preliminary injunction and remand this case to the district court for further proceedings consistent with the Supreme Court’s opinion. VACATED AND REMANDED. 2