[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT COURT OF APPEALS U.S. _________ ELEVENTH CIRCUIT JUNE 21, 2010 No. 09-12513 JOHN LEY __________ CLERK

D.C. Docket No. 99-02054-CT-30-TGW

EZELL GILBERT, Petitioner-Appellant, versus

UNITED STATES OF AMERICA, Respondent-Appellee.

____________ Appeal from the United States District Court for the Middle District of Florida ____________

BEFORE: DUBINA, Chief Judge, MARTIN, and HILL, Circuit Judges.

BY THE COURT: Absent a stay or withholding of the mandate in the appeal to which this Order is appended, the Clerk is directed to issue the mandate within ten (10) days of the date of this opinion. Consistent with Eleventh Circuit Rule 41-2, the Clerk is directed to provide the active members of this court with notice of the issuance of this opinion and our direction to expedite issuance of the mandate.

SO ORDERED.