[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-11166 JANUARY 31, 2006
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
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.
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