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U.S. v. REESE

No. 03-13117.

397 F.3d 1337 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Orlando REESE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 27, 2005.

Attorney(s) appearing for the Case

Susan Graham James, Susan G. James & Associates, Montgomery, AL, for Reese.

Susan Redmond, Asst. U.S. Atty., Montgomery, AL, Elizabeth A. Olson, Asst. U.S. Atty., U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S.

Before ANDERSON and BIRCH, Circuit Judges, and LAND, District Judge.

PER CURIAM:

The panel's opinion in this case issued on September 2, 2004, and was published in 382 F.3d 1308 (11th Cir.2004). The mandate was withheld pursuant to a request by an active judge. In addition to a challenge to his conviction for insufficiency of the evidence, Reese's initial brief on appeal also raised a constitutional challenge to his sentence based upon Apprendi v. New Jersey, 530 U.S. 466

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