[DO NOT PUBLISH]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.