Opinion
No. 13-13719
06-16-2016
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SILA LUIS, Defendant - Appellant, ELSA RUIZ, et al., Defendants.
[DO NOT PUBLISH] D.C. Docket No. 1:12-cv-23588-PCH Appeal from the United States District Court for the Southern District of Florida
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before MARTIN, DUBINA and SENTELLE, Circuit Judges. PER CURIAM:
Honorable David Bryan Sentelle, United States Circuit Judge for the District of Columbia Circuit sitting by designation. --------
This case returns to us on remand from the Supreme Court of the United States. Luis v. United States, 578 U.S. at ___, 136 S. Ct. 1083 (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 F. App'x 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 1096 (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.