U.S. Court of Appeals for the Eleventh Circuit, 2016

United States v. Luis

U.S. Court of Appeals for the Eleventh Circuit · Decided June 16, 2016 · Dubina, Martin, Sentelle

653 F. App'x 904

Counsel

Kathleen Mary Salyer, Susan Torres, Wifredo A. Ferrer, U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee., Howard M. Srebnick, Scott Alan Sreb-nick, Black Srebnick Kornspan & Stumpf, PA, Miami, FL, for Defendant-Appellant.

Cases that cite this one

1 later published case cites this decision.

United States ex rel. Carrel v. Aids Healthcare Foundation, Inc. (United States District Court for the Southern District of Florida 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

This case returns to us on remand from the Supreme Court of the United States. Luis v. United States, 578 U.S.-,-, 136 S.Ct. 1083, 194 L.Ed.2d 256 (2016). In our earlier opinion, we affirmed the district court’s finding that there was no Sixth Amendment right to use untainted, substitute assets to hire counsel. See Luis v. United States, 564 Fed.Appx. 493, 494 (2014) (per curiam). The Supreme Court granted a petition for writ of certiorari and vacated our judgment, holding that a defendant “has a Sixth Amendment right to use her own ‘innocent’ property to pay a reasonable fee for the assistance of counsel.” Luis, 578 U.S. at-, 136 S.Ct. at *9051096 (2016) (plurality opinion). Accordingly, based on the judgment of the Supreme Court, we now vacate the district court’s order granting the government’s motion for a preliminary injunction and remand this case to the district court for further proceedings consistent with the Supreme Court’s opinion.

VACATED AND REMANDED.

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