[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

JAN 14, 2009

No. 08-12921 THOMAS K. KAHN

Non-Argument Calendar CLERK

________________________

D. C. Docket No. 93-08048-CR-KLR UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus COLEY QUINN,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(January 14, 2009) Before ANDERSON, HULL and KRAVITCH, Circuit Judges. PER CURIAM:

This court sua sponte vacates and withdraws its previous opinion in this case. The panel will hold decision in this case in abeyance pending the resolution of United States v. Davis, No. 08-12321, which is scheduled for oral argument on February 4, 2009.

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