[DO NOT PUBLISH]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

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D. C. Docket No. 04-60072-CR-KAM UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus RICHARD HINDS,

Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Florida

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(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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