BY JAY WEAVER

An appellate court has reinstated the convictions of five accused Cuban spies, who were found guilty in a 2001 Miami federal trial.

The 11th U.S. Circuit Court of Appeals late Monday vacated the August appellate ruling by a three-judge panel in that court that had overturned those convictions.

That means the appeal process starts all over again. This time, a majority of the 12-member appellate court has agreed to rehear the so-called Cuban Five's appeal, which leaves the case in limbo for months.

''We are gratified by the Eleventh Circuit's decision, which will provide us with an opportunity to respectfully present our arguments to the full court,'' Assistant U.S. Attorney Alicia Valle said in a statement issued Tuesday.

In September, Miami federal prosecutors formally challenged the three-judge panel's stunning appellate decision that overturned the convictions of five accused Cuban spies.

The panel found that pretrial publicity -- from the community's anti-Castro views to the heavy media coverage to the hangover from the Elián González custody battle -- made it impossible for the defendants to receive a fair jury trial in Miami. Its decision meant the retrial would have to be conducted in a city outside Miami.

In his petition, Acting U.S. Attorney R. Alexander Acosta asked all 12 members of the appellate court to review the three-judge panel's ruling. Such requests are rarely granted.

Legal experts said the panel cited so much overwhelming evidence -- including a court-approved, pretrial survey showing widespread community prejudice toward the five Cuban defendants -- that there is nothing factually for prosecutors to challenge.

But Acosta disagreed, saying the panel's ruling runs contrary to legal precedents in that court and the Supreme Court.

If Acosta's challenge succeeds before the entire appellate court, the five convictions would stand. If it fails, federal prosecutors could appeal to the Supreme Court.