[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.

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